The abduction of a child by one parent is a parent’s worst nightmare. When a child is taken by the other parent, it can be a traumatic and disorienting experience for the left-behind parent. Fortunately, Indiana family law provides several powerful remedies to help recover the child and hold the abducting parent accountable. This blog will explore four remedies for parents in child abduction cases in Indiana.
If your child has been abducted, you can immediately petition the court for an emergency custody order. This allows the court to swiftly grant you full legal and physical custody rights, even if the abducting parent previously had custody. The court can then order law enforcement to locate the child and return them to you. Emergency custody orders can also restrict the abducting parent’s access to the child and impose conditions like GPS monitoring to prevent further abduction attempts. Speed is crucial when filing for emergency custody, as every minute the child is missing increases the risk. Consult an experienced Indiana family law attorney who can guide you through this process and ensure your petition is filed correctly.
Criminal charges in child abduction is a serious criminal offense in Indiana. You can file a criminal complaint against the abducting parent, which may result in their arrest and prosecution. A conviction could lead to jail time, fines, and a criminal record that will impact their future custody rights. Even the threat of criminal charges can motivate the abducting parent to return the child willingly, as they face the prospect of significant legal consequences. Your attorney can work with local law enforcement and prosecutors to ensure the abducting parent is held accountable through the criminal justice system.
In addition to pursuing criminal charges, you may be able to file civil lawsuits against the abducting parent. This could include claims for damages related to the abduction, such as lost wages, legal fees, and emotional distress. You may also be able to sue for the intentional infliction of emotional distress. Civil suits provide another avenue for accountability and recovery of the significant costs and suffering caused by the abduction. Your attorney can evaluate the viability of various civil claims and guide you through the litigation process.
If the child has been taken to another county, the Hague Convention on the Civil Aspects of International Child Abduction may apply. This international treaty provides a framework for the prompt return of abducted children to their country of “habitual residence.” With the help of an attorney experienced in cross-border custody disputes, you can petition the courts to have your child returned under the Hague Convention. This can be a complex process, as it involves navigating the legal systems of multiple countries, but it offers a path to recovering your child if they have been taken abroad.
These remedies can be powerful tools to recover an abducted child and hold the abducting parent accountable. However, pursuing them requires urgent action and the guidance of a skilled Indiana family law attorney. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in child abduction and Hague Convention legal proceedings. We are here to help. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
