Sometimes, child custody issues are not resolved at the time of finalization of the official divorce decree. One parent may disagree with the ruling, and in a moment of frustration, may decide to take matters into their own hands, and move with the child to another state. This may be done with the hope of getting a different child custody ruling in another state.
One parent takes the child, and simply refuses to return child back to the other parent.
Colorado laws are very clear on this. Such child custody violations are considered abductions.
In Colorado, a law called the Uniform Child Abduction Prevention Act helps protect children and parents from such child abductions. The law provides for severe penalties in a situation like this. The courts have the authority to limit the offending parent’s visitation time if certain provisions of the child custody agreement are not met. If the court has reason to believe that one parent has taken the child and is refusing to return the child, it may issue a warrant for his arrest.
Colorado laws also allow the courts to set in place a number of measures that are designed to help prevent such abductions. That could include placing travel restrictions on the parent, imposing criminal penalties for child custody order violations, and specifically prohibiting parents from take the child away from any location without getting the court’s permission.
Courts may, in some cases, be informed of the potential for an abduction, based on a history of previous abductions, or abduction attempts, a history of domestic violence, threats of abduction, stalking, and other risk factors.
If you’re concerned that your ex-spouse will try to abduct your child, speak to a Colorado family lawyer immediately about what you can do to prevent this.