What is parental kidnapping in Washington?

by Envision Family Law | Aug 13, 2024 | Washington, Washington Child Custody

Parental kidnapping is when a parent takes their child to a new location permanently in spite of their custody agreement or visitation rights. Technically, there is no crime called “parental kidnapping” in Washington, but rather “custodial interference.”

It’s important to understand the risk factors of parental kidnapping, as well as your recourse in Washington.

How likely is parental kidnapping?

For parents experiencing the agony of a custody dispute, custodial interference is a major fear, but it isn’t very likely. Nationwide, of the missing children reported to the National Center for Missing and Exploited Children, only 4.5% were the victims of parental or family abductions. Of the total population of children in the US, that comes out to a rate of less than .002%. The general risk of this is, therefore low, but the risk factors are well known:

Criminal records
Strong ties to a different community or state
Few communal or work ties to the area
Has recently ordered new vital documents for themselves and the children

Parental abduction is a criminal violation. These are serious issues that the authorities would pursue aggressively.

What can you do?

If you suspect that your co-parent is considering moving away with the children in violation of any documented orders, you must move quickly. You must make this case with the court to take full custody. You would need to provide significant proof, but the court could then:

Place a restraining order on them restricting travel
Remove the other parent’s visitation rights
Order monitored visitation to remove the possibility of abduction.

When you have a current custody agreement if the other party violates it or intends to violate it, they are guilty of a crime and can be held criminally and civilly liable.

Get the help you need

This is one of the worst experiences of your life if you’re worried about the other parent abducting your child. You need to have help that puts your needs and cares first.