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Understanding Parental Kidnapping in Colorado
Parental kidnapping, also known as custodial interference, is a serious offense in Colorado involving the unauthorized removal, concealment, or retention of a child by one parent [1.]. This often occurs when one parent violates the custodial rights of the other parent, typically following a divorce.
“The state of Colorado takes a firm stance against parental kidnapping. While the legal system acknowledges that both parents should have meaningful relationships with their children, it also recognizes the potential harm custodial interference can cause children and the primary custodial parent.”
For an action to be classified as parental kidnapping in Colorado, certain criteria must be met:
Existence of a Custodial Agreement: A court-ordered custody arrangement or agreement must be in place, defining each parent’s custodial rights. This agreement forms the basis for determining whether a parent’s actions are lawful or in violation.
Intent to Breach the Custody Agreement: The parent must have a clear intention to violate the custody order, such as taking the child to prevent them from seeing the other parent or to circumvent the court’s custody ruling. Mere lateness or delays due to unforeseen circumstances do not typically constitute parental kidnapping.
No Protective Intent: If the parent acted with the genuine belief that their actions were necessary to protect the child from immediate harm, this could serve as a defense. Colorado law, specifically § 18-3-304, allows for an affirmative defense if the parent reasonably believed the action was necessary to safeguard the child’s welfare or if the child, being over fourteen, initiated the action without coercion or criminal intent.
Examples of Parental Kidnapping
Parental kidnapping can take various forms, but some of the most frequent scenarios include:
- Concealing or Detaining a Child: Illegally hiding or keeping a child away from the other parent, preventing contact or visitation.
- Violating Custody Orders: Taking a child out of the court’s jurisdiction without permission, in direct violation of a custody order.
- Interference During Legal Proceedings: Removing or hiding a child from the other parent during ongoing paternity, marriage, or custody disputes.
- Failure to Return the Child: Refusing to return a child to the other parent after the agreed-upon visitation or parenting time has ended.
Potential Penalties for Parental Kidnapping in Colorado
Parental kidnapping in Colorado is treated as a serious criminal offense, with penalties varying based on the severity of the act:
Class 5 Felony:
- Sentence: 1 to 3 years in Colorado State Prison
- Fines: Up to $100,000
- Applicability: Charged when a child is unlawfully removed, concealed, or retained within the state.
Class 4 Felony:
Sentence: 2 to 6 years in prison
Fines: Up to $500,000
Applicability: Applied when the child is taken out of Colorado or the United States as part of the kidnapping.
“Additionally, the parent could also be subject to contempt, which could result in the loss of custody rights and other penalties. Because these penalties can be so consequential, it’s vital to work with an experienced criminal defense attorney.”
Potential Defenses Against Parental Kidnapping Charges
When facing accusations of parental kidnapping, there are several defenses that an attorney may use to challenge the charges or mitigate the consequences [2.].
Common defenses include:
- Lack of Intent: The parent genuinely believed they had the legal right to take or retain custody of the child or acted out of concern for the child’s safety.
- Consent: The other parent gave permission for the child to be taken or kept, as evidenced by written or verbal agreements, text messages, or emails.
- Emergency Situation: The parent took or kept the child due to an emergency, such as a natural disaster or a medical crisis, requiring immediate action.
- Custody Dispute: The parent acted during an ongoing custody dispute or reasonably believed the other parent was unfit or abusive. This defense may apply in specific situations but is not universally applicable.
Understanding these potential defenses is critical, as they can significantly influence the outcome of a parental kidnapping case.
Also Read: Is It Illegal to Leave Your Kids in the Car
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References:
1. https://www.hulselawfirm.com/what-is-parental-kidnapping-in-colorado/
2. https://www.peakstonelaw.com/criminal-law/child-abuse/parental-kidnapping-defense-lawyer/