Non-custodial parent does not return the child to the custodial parent. Custodial parent goes to the police. The police tell her that this is a civil matter and they can do nothing. Calling the problem a civil matter is only half correct. The non-custodial parent may have also committed a crime.
Indiana criminalized interference with custody years and years ago (IC 35-42-3-4). The non-custodial parent commits a Class D felony if the child removed is between age 14 and 18. If the child is under 14 years of age, the crime becomes a Class C felony. The statute reduces the crime to a misdemeanor so long as the child remains in the State of Indiana:
(b) A person who with the intent to deprive another person of custody or parenting time rights:Yes, the divorce court has its own remedies but those take time. On a Sunday night at 6:30 pm when the custodial parent finds out that the non-custodial parent will not return the child, the courts are not open. Many problems might be solved quickly and simply by a police officer who knows the law. That leaves to the divorce court (or the paternity court) the task of solving the big problem of modifying visitation.
(1) knowingly or intentionally takes and conceals; or
(2) knowingly or intentionally detains and conceals;
a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor. However, the offense is a Class B misdemeanor if the taking and concealment, or the detention and concealment, is in violation of a court order.
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