FAMILY LAW ISSUES

INTERFERENCE WITH CUSTODY AND PLACEMENT

Basically, a parent who has legal custody (either sole or joint) or placement (either primary or visitation) either by court order, or as the mother of a non-adjudicated child, has certain rights which should not be violated.

A parent whose rights have been interfered with can seek redress as follows:

1. If a court order is in place, pursuant to Chapter 785 the parent can seek an order of contempt (while the initial action for contempt does not involve law enforcement, enforcement of such an order does).
2. The parent with a court order can seek modification of the order, or, the parent without court order can seek a new order (such an action would not involve law enforcement).
3. Pursuant to sec. 767.242(5)(b)2.c., the parent can seek a court injunction concerning periods of placement.  If the court grants an injunction, it is filed with law enforcement who then enforce said injunction.
4. Pursuant to Chapter 948, and sec. 767.242(8), the parent can seek law enforcement assistance and criminal prosecution for Interference with Parental Rights.
5. Can sue for civil damages due to Interference with Parental Rights.

Two notes, common law provides that a parent cannot kidnap his or her own child; and in many of the cited cases, law enforcement were involved and assisted in the return of the children.