FLORIDA PARENTAL KIDNAPPING AND INTERFERENCE WITH CUSTODY
Florida Statute 787.03 governs parental kidnapping and interference with custodial rights. Any person, without lawful authority, who takes a child or incompetent person from someone with custodial rights which have been established by a court order or judgment, commits the 3rd-degree felony of Interference With Custody.
The key is the existence of a court order or judgment giving custodial rights to a parent or guardian of the minor child. In the absence of a court order or judgment, it will be difficult for a parent or guardian to secure the return of the child or incompetent person. It is critical to file a divorce action seeking custody or a petition seeking guardianship as soon as possible. If a minor child born out-of-wedlock is taken by the biological father, the mother can file an emergency motion seeking a pick-up order.
DEFENSES TO A CHARGE OF CUSTODIAL INTERFERENCE
It is a defense to the charge of Interfering With Custodial Rights if (a) the defendant believes his or her actions were necessary to protect the child or incompetent person from danger or harm, (b) the defendant is a victim of domestic violence or has reason to believe they will be a victim of domestic violence, (c) the child or incompetent person was taken as a result of their own instigation without enticement and without purpose to commit a criminal offense.
FEDERAL AND INTERNATIONAL LAWS
The Parental Kidnapping Prevention Act is designed to resolve jurisdictional issues involving a minor child that has been taken across state lines. The Hague Convention is an international treaty that is designed to resolve custody and jurisdictional issues involving a minor child that has been taken to a foreign country. For the Hague Convention to have an effect, the foreign country where the child has been taken must have signed the treaty agreeing to comply with its terms.
If your child has been taken by the other parent, please feel free to call or e-mail The Fuller Firm, LLC. A free phone or videoconference consultation will be scheduled. After a thorough analysis of your matter, I will answer your questions and advise you regarding the best way to proceed.