No Abductions

A new Alabama law went into effect on January 1, 2011 to prevent the abduction of children. This law applies to parents who are in a custody dispute and have filed for custody with the court. However, in some instances the law applies to parents who have not filed papers in any court. If it is suspected that a person intends to abduct a child anyone can file a petition to prevent the abduction. It is anticipated that the court can do this on its own or the parent or the district attorney will file.
Parents who have made credible threats to abduct a child or have a history of attempting to take the child are particularly high risk especially when accompanied by other factors, such as quitting a job, selling a home, and moving assets. The more of these factors that are present, the more likely are the chance of abduction. However, the mere presence of one or more of these factors does not mean that abduction will occur. Parents who have a custody determination are already required to notify the other parent before they move. This is done in order to give time to object to the move. Now if a parent sells their home or terminates a lease without notifying the other parent they may be a suspected of planning an abduction. This is also true if they close out their bank account or quit their job. If a non-custodial parent asks for the child’s school records it may be an indication of a plan to abduct.
We have many parents in Franklin County who are from other countries. If one parent has close ties with another country, such as Guatemala, it will be easier to show that there is a chance of abduction.
If the judge believes that a child is in danger of being abducted they can issue an order to prevent it. The judge can issue an order that restricts the travel of the parents; prohibit the parent from picking up the child from school, not allowing the parent to approach the child anywhere outside of specific supervised visitation. The judge may collect the parent’s and the child’s passport. She may also require the parent to post a bond in an amount sufficient to serve as a financial deterrent to abduction.
If there is a substantial fear of abduction the judge may issue a warrant to take physical custody of the child. This can be done without notice to the other parent. However, he should hold a hearing as soon as possible.
This law doesn’t change the existing child custody laws. It attempts to put in place a way to stop abductions before they can happen. The provision to ask the courts to get involved before there has been any wrong acts is new. If you are a parent do not ever say that you will take the child. If in anger you say these words and you also move, get school records, and close out your bank account you can find yourself in a web of legal proceedings.