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Handling Child Abduction By A Spouse

One of the most frightening aspects of a divorce proceeding is that rare instance where the child or children of the divorcing couple are taken by one spouse and kept from another. This is referred to as child abduction; much like a kidnapping. Even if the child has been taken by the other parent, it is still a situation fraught with fear and anxiety. Was your child missing from school or the home? Did you at any point not know where your child was? Are you still today searching for your child who was abducted by your spouse? Speak with a lawyer best equipped to help meet your needs.

United States Abductions

child abduction sign

If your child has been abducted and is still somewhere in the United States, our law firm will work with the government and local authorities in order to best return your child to you. We will operate under the Uniform Child-Custody Jurisdiction and Enforcement Act. This will allow us to help you find and return your child safely.

Once your child is returned to you, you still need an attorney to either establish or re-evaluate any custody orders or visitation rights that have been decided upon between you and your ex-spouse. You will want to ensure that this type of situation does not occur again, and you may need to set up legal parameters in order to prevent another abduction.

International Abductions

The United States is one of many countries that participates in The Hague Convention on the Civil Aspects of International Child Abduction. This convention set up the ground rules and framework for handling international child abductions. Any country participating in the Hague Convention works to put the interests of the children first and foremost when it comes to child abduction and custody issues. Many countries participate in the Hague Convention and so, if your child has been taken to one of the participating countries, lawyers will work under Hague guidelines to ensure the return of your child.

Unfortunately, there are countries that do not follow the Hague guidelines, which can make the safe return of an abducted child much more difficult. In that instance, there are many different legal laws and procedures that need to be undertaken in order to attempt to ensure the safe and speedy return of your child.

In either instance, in the case of international abduction, you would require the services of an attorney who is very familiar with the Hague Convention's policy on the expedited return of any child that is wrongfully and/or illegally removed from one country to another.

Legal Recourse

cuffs and fingerprints

Once your child is back in your arms, your trials are not yet over. Did your ex-spouse have either joint custody or visitation rights during the time that your child was taken? It is essential to then re-examine any custody or visitation rights that were previously established, and of course, have them modified to reflect this behavior. You cannot be too careful in ensuring that this type of situation does not present itself again. After all, your ex-spouse has broken the law and therefore may not be entitled to the same visitation or custody policies that were initially established.

Contact Villani & DeLuca, P.C.

Any type of child abduction, whether your child was missing either for a few hours, a few weeks, or even over a year, is a serious issue and needs to be addressed by an experienced attorney. We are here to assist you in ensuring that your child is safely returned to you. Then, we will work tirelessly to set up a custody arrangement that protects your child and you and keeps this scary situation from ever occurring again.


Please, contact our offices today at 732-965-3404 to seek out advice and aid. Our experienced attorneys will provide you with the assistance you are seeking. Call Villani & DeLuca, P.C. today!

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

Office Location

703 Richmond Avenue
Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
(732) 892-9053 (fax)

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