Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Can you tell me when parental kidnapping became a crime in California? A couple was living apart, not legally separated or divorced. The child lived with the mother. One day the father went to visit the child and found they were gone- the mother had taken the child out of state and “hid” in a different state so the father would not have access to the child and wouldn’t know where they were. Would this be deemed parental kidnapping by California law?’Parental kidnapping has been a crime for many years. Any time there is an order of the Court that provides that Parent A has time with the child, and Parent B thwarts that time by taking the child away to a place other than where Parent A is to pick them up, that is potentially parental kidnapping.
Question: Under the scenario you have described, however, where the father did not have an order obligating the mother to make the child available, it would be much more difficult (although not necessarily impossible) to prove parental kidnapping.
Answer:
The father should, however, immediately file for divorce with the Court, so that the Court can render orders relating to the child and each parent’s time with them.
