It is illegal to kidnap a child in the state of Connecticut. The perpetrator commits a crime when they take a child away without consent from you, their legal guardian. Unfortunately, there are times when a divorced spouse ferrets away your child when they do not have legal grounds to do so.
The Connecticut Judicial Branch highlights what happens when someone kidnaps your child. The main concern of the court is to return the child safely to the rightful parent. Interfering with custody agreements currently in place can be a Class A misdemeanor or Class D felony depending on a variety of factors.
The courts treat local and international kidnapping slightly differently. In either case, the court considers the custody agreement, situation surrounding the alleged kidnapping and the needs of the child. International kidnapping refers to taking your child across national boundaries and keeping them there against your wishes. The court must follow The Hague Convention on the Civil Aspects of International Child Abduction in international cases.
If you prove you had the legal custody of the child at the time of removal, the child returns to you. There are certain provisions in the law that keep the child from returning including the possibility of harm either physically or psychologically if returned. The child comes first in any custody dispute case.
Having your child kidnapped is a scary time. Understanding what the court considers kidnapping can help you make a case to have your child returned to you. This information is only for educational purposes and not to be considered legal advice.