Legal Question in Family Law in Idaho
Parental Kidnapping
2 years ago, when I lived in Hawaii, I allowed my son to go to Alaska with my sister to visit his relatives. When it was time for him to come home I received a call from my ex-husband (who lives in Idaho) stating he now had my son.
I now live in Alaska. I have court ordered custody. My husband refuses to get a telephone so I can speak to my son. How can I force him to provide me with a way to have communication with my son? Also, is this considered kidnapping?
1 Answer from Attorneys
Re: Parental Kidnapping
if you have a court order granting you custody, if the Dad knows that and took the kid anyway, the violates Idaho's Parental Kidnapping statutes located at Idaho Code section 18-4506 (called the Child Custody Interference Act which makes parental kidnapping a felony, but it depends on from which state he took the child as each's laws are different. There is also the PKPA which is the federal Parental Kidnapping Prevention Act which is valid in all the states, being a federal statute and he may also have violated that law. I'd contact your local prosecutors for your county as well as the United States Attorney in your federal district to file charges against him and getting your kid back.
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