Family courts make custody decisions based on what’s best for the child after evaluating each parent’s ability to support their child’s overall well-being — including how likely they are to support their child’s ongoing relationship with the other parent.
Custody courts do not look favorably on parents who have kept their child from the other parent and are likely to rule in favor of other parent. However, when parental kidnapping occurs, courts typically consider the circumstances that led to it, how it affected the child and if it’s likely to happen again.
Even if the child wants to be with the abducting parent, keeping a child away is typically considered evidence that the parent is not going to support the child’s relationship with their other parent. Judges take this very seriously and may limit the offending parent’s custodial rights.
If the abducting parent causes physical or psychological harm to the child (common in parental kidnapping cases), courts will protect the child, often by restricting that parent’s physical custody to supervised visitation. In these cases, the other parent may get sole physical custody.
If the parent accused of parental kidnapping is the victim of domestic violence or did so to protect the child, judges often take this into account when making custody decisions. If the abusive parent is a threat to the child’s safety, the judge will likely limit that parent’s physical custody to supervised visitation. They may also order supervised exchanges to limit parents’ interactions and child access solicitors may help with this.
If parental kidnapping is an issue in your case, you should hire a family lawyer experienced in high-conflict cases and parent–child abduction. If you can’t afford a lawyer, look into legal aid, modest means legal programs and law clinics in your area.
A Montana mother got her children back after their father kidnapped to a yacht. Following a summer visit, the father wrongfully retained the children and began brainwashing them with his new wife. After eight months the Federal Bureau of Investigation was able to capture the pair and return the children to their mother.
Authorities say Angela and James Bryant loaded the children onto their 40-foot sailboat and took off for the Bahamas — outside US waters and away from the easy reach of US law enforcement.
They were caught in March when they sailed back to Miami so Angela could fly to Hawaii to visit her parents.
The FBI was tipped off and Angela was arrested at her family’s home. Thousands of miles away in Florida, James Bryant hastily loaded his children back onto the boat and fled back to the safety of Bahamian waters.
A Coast Guard cutter intercepted the yacht after a two-hour pursuit and the children were returned to their mother back in Montana.
Read more: http://www.dailymail.co.uk/news/article-2185707/Angela-Kelly-sentenced-4-years-abduction-Montana-children-yacht-Bahamas.html#ixzz24vvpQQMk