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Unresolved child custody issues may lead to abduction

When a California child is removed from the custodial parent's care by a non-custodial parent, there can be serious ramifications. However, returning the child to the parent with legal child custody may present many obstacles. While the non-custodial parent believes that it is his or her constitutional right to have the child, the custodial parent may be experiencing extreme anxiety over the well-being of the abducted child.

A case in another state was recently described to demonstrate the potential pitfalls in pursuing the recovery of an abducted child. A young girl was apparently abducted by her mother from her father's home. The mother, who is known for abusing drugs, is also associated with an abusing man. The father's concern about the safety of his child could reportedly not move the police sergeant to execute the court order and retrieve the girl. He allegedly refused to jeopardize the safety of others while executing a civil court order.

Only after obtaining the assistance of the Attorney General’s office could the issue be resolved. The fact that the police allegedly refused to execute a civil court order is certainly a matter about which to be concerned. To avoid ongoing animosity and litigation, divorcing parents may benefit from coming to visitation agreements before going to court.

If California couples are unable to communicate and compromise to resolve child custody issues, they have the option of obtaining the services of a mediator. Mediation may assist them in reaching agreements that would suit both parents while also considering what is best for the child. However, if communication is impossible, the custodial parent may approach the family court to file an injunction that may prevent the non-custodial parent from taking the child to another state.

Source:, "Parental abduction cases can prove hard to resolve", Lauren Rozyla, July 11, 2014

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