Q: Can I file federal kidnapping charges if the person didn't bring your child back home to you
A: Short answer is yes, BUT, depends on several factors. Was there a child access/custody agreement in place? Was the child removed from the state? Was there an intention to bring back the child? A parent taking a child out-of-state for a weekend vacation would not be considered kidnapping. The police and courts do not like to be used in parental dispute cases so trend carefully.
A: Sort of, your much more likely to get traction with contempt of the custody order or the state law offense of interference with child custody. Kidnapping requires forcefully moving a person. So no bringing them back doesn’t really fit the bill. At the end of the day, it’s the prosecutors’ call whether or not to pursue a criminal case. Your much more likely to find a sympathetic ear in the juvenile or domestic relations court that cut the custody order being violated.
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