REMOVAL OF CHILD FROM ORIGINAL JURISDICTION
By TOM BLACKBURN One issue in family practice that causes substantial alarm, is when one parent threatens to remove one or more children from the area of the original residence to either another state or another distant location, against the will of the other parent. We receive inquiries on both sides of this issue. On one hand, a parent’s desire to remove the child from an area of violence, hardship and distress, is understandable as they may well see greener pastures, physically, emotionally and financially, in another state or jurisdiction. Perhaps a better job is offered or the encouragement of multiple family members await the children in this new location. On the other hand, this threat of removal can be a devastating blow to the other parent. The threat manifests cries of panic and injustice. The ability to see their child and to maintain input in decision making could be drastically reduced because of the distance involved in the relocation. Often a discerning eye can see that this threat of removal is really an escape from responsibility, or a grasp for complete control avoiding the consideration of the other parent. Criminal Offense? It is first necessary to understand that the mere act of removing a child from the jurisdiction against the will of the other parent, without Court approval, is often a criminal act. Pursuant to applicable law, “A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from […]