child in the event the minor child is not timely returned in accordance with the terms of the court’s order. You may also want to include the language that both parties have specifically and ex- pressly consented to such recovery without any additional court order. This may encourage and accelerate the participation of law enforcement that, at times, is hesitant to become involved in family issues.
5. Be very clear in the order where the non-custodial parent can or cannot pick up the minor child for visits. This may stop the non-custodial parent from appearing at the day care center or school and convince the caretaker to release the child to him/her.
It is
also important for the parent to de- liver a certified copy of the order to the principal, office staff, tutor, ath-
letic coach, extracurricular activities, daycare staff etc. Do not assume that the principal will talk to the teacher or coach or vice versa. Deliver multiple copies of the order to all relevant per- sonnel.
6. State clearly in the Order that any per- son found in violation of the Court’s Order may be subject to civil and/or criminal penalties. This may, in some cases, encourage cooperation and com- pliance among the parties. Always remember that without a court
order of custody both parents have equal rights to have the child. If a parent ab- ducts the child prior to the issuance of a court order, your client’s attempt to con- tact law enforcement for assistance in recovery will be fruitless. The remaining parent will need to spend days of precious time obtaining an emergency temporary
custody award prior to any assistance by law enforcement. It is only after a tem- porary award has been granted that local, state and federal authorities will become involved in actively searching for the ab- ducting parent and the children. Therefore, it is critical that you explain this to your client during initial consulta- tions and particularly when you have indicators that the case may be a high conflict case or factors indicating paren- tal abduction is a possibility.
Conclusion There is no surefire way to identify a
parental abductor or to prevent one de- termined to do so. However, the more you educate yourself and your client the better prepared you will be to identify the warning signs of trouble and to possibly prevent a tragic situation from occurring.
Summer 2002
Trial Reporter
27
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