Kidnapping is a serious crime that involves unlawfully seizing, detaining, or concealing another person against their will. In Virginia, the laws surrounding kidnapping have recently been updated to address various scenarios, including parental abduction. Parental abduction occurs when a parent or guardian takes a child without legal justification, often in violation of custody or visitation orders.
This blog dives into the critical provisions of the 2023 updated law on kidnapping in Virginia, with a particular focus on parental abduction.
Defining Parental Abduction
In the context of kidnapping laws in Virginia, parental abduction occurs when a parent or a family or household member, as defined in § 16.1-228, takes, transports, detains, or conceals a child without legal justification or excuse.
This act is done with the intent to deprive the other parent or the person lawfully entitled to the child's custody or visitation rights.
Penalties for Parental Abduction
The consequences of parental abduction are taken seriously in Virginia. The law acknowledges the importance of enforcing custody and visitation orders and protecting the child's well-being.
The charges and potential penalties depend on the circumstances:
- Class 1 Misdemeanor: If a parent or family member commits parental abduction and is punishable as contempt of court in any ongoing proceeding, the offense is considered a Class 1 misdemeanor. In addition to being punishable as contempt of court, this misdemeanor offense carries its own set of penalties.
- Class 6 Felony: However, if the parent or family member commits parental abduction and removes the child from the Commonwealth, the offense escalates to a Class 6 felony. This classification signifies a more severe punishment, including potentially longer prison sentences and higher fines.
Importance of Seeking Legal Advice
When dealing with parental abduction cases, emotions can run high, and the well-being of the child is at stake. Both parents must understand their rights and responsibilities under the law. Consulting with an experienced family law attorney can provide essential guidance and support during this challenging time.
Legal Recourse and Resolution
If you believe that the other parent or a family member has wrongfully taken your child, swift legal action is vital. You can file a complaint with the court, seeking the enforcement of custody or visitation orders and requesting the child's return. The court will consider the case circumstances carefully and prioritize the child's best interests in making decisions.
Parental abduction is a significant concern in custody and visitation disputes. The 2023 updated law on kidnapping in Virginia addresses this issue with specific provisions to protect children and uphold custody orders.
If you are facing parental abduction or believe that your child has been wrongfully taken, it is crucial to seek immediate legal counsel. A lawyer can help navigate the legal process and protect your child’s rights and safety throughout the resolution of the case.
To schedule a consultation with a member of our team in Fairfax, call Carroll & Nuttall, PLLC at (703) 952-5801 or contact us online.
