Archive for Caretakers

Family Law Lawyer Colorado Springs: Child Abduction

Child Abduction is the offense of wrongfully removing or wrongfully retaining, detaining or concealing a child or baby. Abduction is defined as taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: parental child abduction and abduction by a stranger. Parental child abductions are the most common type states Family Law Lawyer Colorado Springs.  When one parent abducts his/her child(ren) from the other parent it is often during or after a divorce action and is meant to circumvent the court or act in defiance of a court order regarding legal custody of the child(ren). Parental child abductions may occur within the same city, within the same state, country, or internationally.

What is Child Abduction?

Child abduction is the abduction or kidnapping of a child (or baby) by an older person. Several distinct forms of child abduction exist: i) A stranger removes a child for criminal purposes: for child sexual abuse, torture, or murder, for extortion, to elicit a ransom from the child’s caretakers. ii) A stranger removes a child, usually a baby, with the intent to rear the child as their own. iii) A parent removes or retains a child from the other parent’s care says Family Law Lawyer Colorado Springs.

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Family Law Lawyer Colorado Springs: Child Abduction

What is Child Abduction Law?

Laws regarding parental abductions vary knows Family Law Lawyer Colorado Springs. In some states and countries this is a criminal offense, but not in all. In many U.S. states, if there is no formal custody order and the parents are not living together, the “abduction” of the child from the other parent is not considered a criminal offense. However, many states have made the abduction of a child across state lines by a parent a crime. Although these terms are often used interchangeably, abduction is generally distinguished from kidnapping, because kidnapping requires the use or the threat of force when taking and/or holding the kidnapping victim. Congress has enacted many civil and criminal laws to address abductions, kidnapping, interstate and international child custody and visitation disputes. The U.S. is also a party to a treaty aimed at resolving international child abduction cases. The National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted the Uniform Child Abduction Prevention Act in an effort to bring state law uniformity to this issue. When a stranger abducts a child, it can be for different reasons: abuse; torture; murder; extortion; ransom; or to raise the child as his/her own. Stranger child abductions are the least common.

Child Passport

The U. S. State Department announced its new policy on the issuance of passports for children under age 14. The Department will no longer issue such passports simply on the application of one parent: either both parents must come in and apply, or there must be a written consent from the other parent to let the child go abroad. Actually, this is the effect of a statute that Congress passed back in 1999, and it was not until June 4, 2001 that the State Department got around to issuing its regulations changing the long-prevailing practice recognizes Family Law Lawyer Colorado Springs.

Family Law Lawyer Colorado Springs: Child Abduction

Family Law Lawyer Colorado Springs Talks about Child Abuse

Although there is no universal definition to provide elucidation in regards to child maltreatment, over the past several decades, numerous state and federal legislative bodies, agency officials and various researchers have developed definitions to describe the various forms of child maltreatment and the appropriate criminal penalties attached to such heinous crimes. Child maltreatment, in essence, is another term used to describe instances of child abuse says Family Law Lawyer Colorado Springs. Child maltreatment; however, is a broader term, which encompasses all forms of illegal or inadequate actions directed towards a child. Any act of child maltreatment will ultimately stunt the underlying child’s ability to live a happy and healthy life.

Federal Definition of Child Maltreatment

The Child Abuse Prevention and Treatment Act provide the minimum standard for defining all forms of child maltreatment, including physical child maltreatment, child neglect and sexual child maltreatment.
Through this federal standard, each state is required to base their statutory rulings off the definition provided says Family Law Lawyer Colorado Springs. Under the Child Abuse Prevention and Treatment Act, child maltreatment is defined as: “any recent act or failure to act on the part of a parent or caretakers that result in the death or serious physical or emotional harm, sexual abuse or exploitation of a child. An act or failure to act that presents an imminent risk of serious harm for the child.”

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Family Law Lawyer Colorado Springs Talks about Child Abuse

What can you do?

These matters are extremely serious and reporting them is a fundamental step in delivering aid and care to those who are in desperate need. If you suspect an instance of child maltreatment, you must report the aggressor to the local child protective services agency in your particular jurisdiction or state. These agencies are comprised of professionals who will necessitate treatment and action towards the aggressive party; each professional within these agencies is required by law to report reasonable suspicion of child neglect. Furthermore, 20 states require citizens who suspect instances of child neglect to report it to the respective agencies. Withholding such information by not reporting child maltreatment could lead to the severe mental damage, or even worse, death of the child expresses Family Law Lawyer Colorado Springs. The American Professional Society on the Abuse of Children is one of the nation’s most well-known child abuse organizations. It is aimed at providing professionals with the tools, skills, and child abuse facts that they need in order to effectively assist children who have been the victims of abuse, as well as to help their families cope with the trauma that their child is experiencing.

Children’s Rights law

Children’s Rights law exists to safeguard children, their wellbeing and their individual rights exclaim Family Law Lawyer Colorado Springs. These federal and state policies and laws were spearheaded by the children’s rights movement which promotes legal defenses and protections for children by addressing their social welfare; health, education and special needs; child trafficking; child labor and exploitation and how the juvenile justice system deals with minors.

Family Law Lawyer Colorado Springs Talks about Child Abuse