Parental Kidnapping in Maine

A parent may be found guilty of “Criminal Restraint by a Parent” if the parent, with the knowledge that they have no legal right to do so, retains, takes, or entices a child who is:

• Younger than 16 years old from the custody of the child’s other parent with the intent to remove the child from Maine or to hold the child in a place where it is unlikely they will be found
• Who resides in a different state and who is younger than 16 years old from the custody of the other parent, whose parental authority has already been established by a Court in Maine, with the intent to remove the child from the other state or to hold the child in a place where they are not likely to be found
• Who is 16 or 17 years old, from the custody of the Department of Health and Human Services or the custody of the Department with the intention of removing the child from Maine or to hold the child in a place where the child is unlikely to be found

A parent that engages in the above behavior may be found guilty of a Class C or Class D crime.

Warrant to Take Physical Custody of a Child

If a parent feels that their child is likely to be removed from the state or experience physical harm, they can file a verified application for the issuance of a warrant. This warrant will allow them to take physical custody of the child.

After the testimony of the petitioning parent and other witnesses, if the Court finds the child to be in danger of physical harm or being removed from Maine, a warrant to take physical custody of the child can be issued. Once this occurs, the petition must be heard within the next judicial day unless impossible.

This type of warrant must include the following:

• The facts upon which the conclusion of risk of physical danger or removal from the state is based
• Provide direction to law enforcement officers to take custody of the child right away
• Indicate the placement of the child pending the final decision

If you believe your child is in imminent threat of physical harm or removal from the state of Maine, contact a Family Law Trial Lawyer immediately.