Guide: Kansas Parental Kidnapping Laws

admin | November 8, 2022

Every year about 200,000 children are abducted by a parent in the United States with Kansas contributing to the numbers. Parental kidnapping is a traumatic experience that the other parent or child must never go through, but sadly it does happen.

Taking a child away from their other parent without consent or going against custody agreements may be considered parental kidnapping and will lead to a conviction by law.

Kansas statutes Section 21-5409 identifies parental kidnapping as the act of “taking or enticing away any child under the age of 16 years with the intent to detain or conceal the child from their parent, guardian, or other person having the lawful charge of such child.”

Under Kansas parental kidnapping law these actions are viewed as kidnapping:

  • When one parent defies custody agreements and takes the child away.
  • When a parent hides or holds a child away from the other parent.
  • When during child custody, marriage, or paternity proceedings one parent takes away or hides a child from the other.
  • If after divorce, one parent with no custody of the child takes the child to a secluded place without notifying the other parent.
  • If after visitation hours have ended, one parent declines to return the child to the other parent.
  • When a relative takes a child away to an isolated place as a way of hiding the child from its parents.

If your child has been kidnapped, you can get in touch with The Committee for Missing Children, Inc. and we will assist you with finding the right support to get your child home. Our help extends to abductions to other countries, so contact us today.

Parental Kidnapping Types

Parental kidnapping is categorized into two types under Kansas law- simple interference and aggravated interference with parental custody.

  1. Simple parental custody interference

Under Kansas parental kidnapping law, simple parental interference is when a child below 16 is taken away with the intention of hiding or holding the child from the other party. Depending on the circumstances involved in the case, the accused may face the punishment of up to level 10 of severity, person felony, or class A person misdemeanor.

  1. Aggravated parental custody interference

If one parent involves another person to interfere with their parental custody by doing the actions above, then the issue is aggravated. It will also be considered a crime if:

  • A parent without custody takes a child outside the state without permission from the parent with custody or the court.
  • A person who was convicted over parental custody has committed the crime again.
  • A person holds or hides a child within or outside the state in an unidentified place.
  • After parental or visitation time has expired, the parent has refused to return the child to the parent with custody.

This is a severity level 7, person felony.

Possible Penalties

Parental abductions are punishable under Kansas law though punishment is given based on circumstances and the offense’s severity. Possible penalties may include:

  • A heavy fine
  • Prison sentences that can range from a few months to years
  • A criminal record
  • Loss of visitation rights or child custody
  • Reimbursing or paying for incurred costs when the child was being located and returned home
  • Loss of the right to own, carry or possess a firearm
  • If the parent/person was a non-US citizen, they may be deported or barred from entering the country
  • Increased trouble securing a job, a house, or government aid or when obtaining other types of financial loans

The Committee of Missing Children helps parents recover a missing child to cover the cost of expenses involved in locating and returning your child to you. Our help is provided for free.

Kansas law also equips parents with a tool to help prevent parental abduction. A parent can file a prevention order against abduction that will set travel restrictions against the other parent, prohibit the other parent from traveling with the child without your consent or limit visitation time if there is a threat of abduction. The abduction prevention order is given by a judge if there is a risk of kidnapping.

Story Statistics

2,345 Reads

80 Shares

320 Likes

Related Stories

2022-11-08

Guide: Nebraska Parental Kidnapping Laws

admin | November 8, 2022

Kidnapping is described as the act of taking or holding a person at a hidden or undisclosed site against their will. This act is a crime and may be done to extort ransom or as part of another crime or it can be done in connection with disputes over child custody.

Kidnapping is classified into two categories under Nebraska law: first-degree and second-degree kidnapping. Nebraska Law R.R.S Neb. S 28-31 states that kidnapping has been committed if a person abducts another or having kidnapped another, he/she continues to restrain the abducted person with the intent to:

  • Hold the person for ransom or reward
  • Use the person as shield or hostage or
  • Terrorize the abducted or a third person
  • Commit a felony
  • Obstruct the performance of government or any political function.

Under Nebraska Law kidnapping is a Class ×€ felony but in circumstances where the kidnapper voluntarily releases the kidnapped person or if the abducted person is liberated alive with no severe body injuries the kidnapping becomes a Class II felony prior to a trial.

The Uniform Child Abduction Prevention Act describes abduction as the removal or wrongful retention of a child (anyone below the age of 18). The Nebraska parental kidnapping law has the mandate to help prevent child-parent abductions within states or outside the country. If you feel that your child is in danger of being abducted by your fellow parent, you can file a petition in court to seek prevention. The single parent that feels an imminent threat can also ask the court to grant a warrant that may put the child under the physical protection of the police.

If your child has been abducted by a fellow parent, you have legal backing to recover a missing child. The Committee for Missing Children operates free of charge to assist parents with all necessary things that can help them reunite with their children even in circumstances where the child was taken across the border.

Nebraska’s State Patrol acts as the central hub for getting and sharing information about missing persons including children. This information is gathered and shared with law enforcement agencies, public, and private organizations as well as ordinary citizens in Nebraska to assist in finding a missing person. The Committee for Missing Children, Inc. also makes available information that can help parents to find their abducted children and works hand in hand with other agencies and partners to fast-track recovery time. Contact us if you have questions.

Child custody disputes can cause bitterness and can lead to a parental abduction of their own child. Children may be detained or moved from one state to another and in extreme circumstances to another country. Though a parent can’t altogether stop this from happening, in situations where you feel it is necessary to minimize the risk of this happening you can:

  • Ask for emergency custody to prevent the other parent from taking the child anywhere within the state or outside without your consent or that of the court.
  • In other cases, emergency custody can allow the other parent to visit the child but under supervision.
  • If you are seeking custody over the child or children, you can ask the judge to incorporate a travel restriction for the parent with no custody over the child. This provision will hinder the parent from leaving the country with the child without your consent. When the judge has added this provision, you can register in the Prevent Abduction program of the federal government, and this will create a “travel alert” that will prevent the child from boarding a flight without your approval.
  • In situations where you feel that the other parent may try to escape the country along with your child, the court can be asked to hold your child’s passport or the passport of the other parent.

The U.S State Department has a Children’s Passport Issuance Alert Program that you can register your child if the child does not have a passport. The program will alert you if the other parent has made a passport application for your child. This can warn you of any impending international travel involving your child.