Defenses to interference with custody, parental kidnapping, and child abduction
This law lists three reasons that could completely get someone off the hook for charges of taking or keeping a child away from the other parent. First, the person had a valid court order giving them the right to have the child at that time. Second, something out of their control stopped them from returning the child on time, they told the other parent within 24 hours, and they returned the child as soon as they could. Third, the person took the child because they were running away from domestic violence.
565.160. s to , , and . — It shall be an to the offenses of interference with custody, parental kidnapping, and child abduction that:
(1) The person had of the child a valid granting or which existed at the time of the , except that this defense is not available to persons charged with child abduction under (5) of 1 of section 565.156;
(2) After expiration of a period of custody or granted by court order, the person failed to the child as a result of circumstances beyond such person's control, and the person notified or made a reasonable attempt to notify the other parent or of the child of such circumstance within twenty-four hours after the expiration of the period of custody or visitation and returned the child as soon as possible; or
(3) The person was fleeing an incident or pattern of .
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Source & history notes
(L. 1988 H.B. 1272, et al. § 4, A.L. 2014 S.B. 491) Effective 1-01-17
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