Parental kidnapping is an unfortunate reality when it comes to Florida child custody cases. In these cases, it can be difficult to retrieve a kidnapped child, especially if the child has been abducted to another country. But there are safeguards a parent can request in a custody order to deter kidnapping.
If the court finds that a credible threat of parental kidnapping exists, the court may include any of the following provisions in a Florida child custody order:
(a) Order that a parent may not remove the child from this state without the notarized written permission of both parents or further court order;
(b) Order that a parent may not remove the child from this country without the notarized written permission of both parents or further court order;
(c) Order that a parent may not take the child to a country that has not ratified or acceded to the Hague Convention on the Civil Aspects of International Child Abduction unless the other parent agrees in writing that the child may be taken to the country;
(d) Require a parent to surrender the passport of the child or require that:
1. The petitioner place the child’s name in the Children’s Passport Issuance Alert Program of the United States Department of State;
2. The respondent surrender to the court or the petitioner’s attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child; and
3. The respondent not apply on behalf of the child for a new or replacement passport or visa; or
(e) Require that a party post bond or other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay the reasonable expenses of recovery of the child, including reasonable attorney’s fees and costs, if the child is abducted.
See Fla. Stat. 61.45.
If you believe that kidnapping is a real threat in your Miami child custody case, it is important that you properly bring these concerns to the Court. A consultation with a Miami child custody attorney may help you determine the best way to do so.