Q: Mother & father have 50/50 custody in Florida. Mother took child out of state w/out father's permission, hasn't returned
Father told the mother he did not approve of his child being taken out of state to go to California without his permission. Child is 5 years old. Mother got out of a DUI 2 nights before leaving the state abruptly. During the DUI investigation she had 2 kids under age of 5 in their car seats and she was in the driver seat attempting to leave but because she saw the cops approaching her, she hid the car keys from the police and they couldn't technically give her a DUI even though they admitted she was intoxicated they let her go home with a friend. Police gave the children to a friend of the mother and DCF was called for the incident. There's an open case with DCF over this child endangerment but the mother fled the state and used the excuse as a family emergency. She is not following the parenting plan for out of state travel and refusing to give information to the father or let him talk to his son. Is this considered parental kidnapping?
A: You need to return to the court that issued the timesharing order (parenting plan). File a motion for enforcement/ contempt and ask for the children to be returned to Florida. You may also be able to pursue a pick up order. Because these issues can be fact specific and complex speak with a local family lawyer for more specific advice.
Ira Markowitz agrees with this answer
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