If you are facing kidnapping or abduction charges it is important to hire a criminal lawyer. These charges can have severe consequences including imprisonment. Abduction by parent can be a complex matter, especially when involving joint custody. As such, they require an experienced attorney to guide you through the process. William Jaksa is a Toronto criminal defence lawyer with over a decade of experience. Contact us today for a consultation.
From lawyers to politicians, we expect a certain level of trustworthiness and service out of those that we trust with […]. For many members of the public, the legal system may seem monolithic. Yup no connection to the plea deal reached in the US today. For Abduction Section of the Criminal Code provides: 1 Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of a an indictable offence and is liable to imprisonment for a term not exceeding ten years; or b an offence punishable on summary conviction.
Consent required 2 No proceedings may be commenced under subsection 1 without the consent of the Attorney General or counsel instructed by him for that purpose. When Does Abduction by Parent Occur? Rather, the act of secretly confining any other person against his or her will through force, deceit, or enticement is sufficient. Parents can be charged with kidnapping if their actions satisfy each and every element of the crime. A parent who is charged with kidnapping will face criminal consequences for a Class 2 Felony.
A conviction for kidnapping in Illinois can result in a prison sentence of no less than three years and no more than seven years. A parent who is charged with aggravated kidnapping will face criminal consequences for a Class X Felony.
A conviction for aggravated kidnapping can result in a prison sentence of no less than six years and no more than 30 years. Child abduction is similar to kidnapping.
Parental kidnapping child abduction is a Class 4 Felony offense in Illinois. A conviction for parental kidnapping can result in a prison sentence of no less than one year and no more than three years. Aggravating factors can result in an extension of the prison term to six years. In addition to considering your legal status as a parent and whether there are any court-issued limitations on your parental rights, a court will take your intent or lack thereof into account.
The crime of kidnapping requires that the act be done knowingly and secretly. Criminal charges will not be successful if can prove that you lacked the required state of mind that is legally required to commit the crime. When you are embroiled in a hotly contested custody battle and decide to take matters into your own hands by moving or concealing your child you could face serious criminal consequences. In general, if there is no custody order, you can take your child without permission from the other parent without legal ramifications.
However, if there is no custody order and the child is taken, the other parent can ask a judge for an ex parte temporary custody order. These are granted if it can be shown that the child is in immediate harm or that the child is being removed from the state of California. If this order is granted and you take the child without permission, you can be convicted of abduction or kidnapping.
In parental kidnapping cases, the accused is the non-custodial parent and the person being moved is the child. There are stricter penalties if the child is below the age of fourteen. The judge will look at several factors to determine the extent of the kidnapping.
These include:. There are several defenses for parental kidnapping. If proven, these may lessen or even void any punishment. If you are convicted of parental abduction or kidnapping, there will be serious consequences to your custodial rights.
More than likely you will lose any future custody or visitation rights until the judge believes that it is in the best interest of the child to see you again. If you think that the other parent has abducted or kidnapped your child, contact the local authorities immediately. The taking of the child violates the court-ordered child custody agreement and you can ask the police department to enforce the order.
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