USING PARENTAL KIDNAPPING AS YOUR DEFENSE MAY NOT BE A GOOD IDEA

Mother was found guilty of parental kidnapping. She was sentenced to two years in prison. The mother and father were in state trial court in a custody lawsuit. It was the eve of the trial court’s decision.

Mother believed that the trial court would award father full custody of their child. She took the child and went to Canada. She stayed there. Even after she learned that the trial court had in fact awarded full-custody of the child to father.

Father had had temporary limitations on his visitation rights with the child at the time mother took the child to Canada. This was not a defense for mother.

Mother now alleged that she had fled to Canada to avoid domestic violence from father. Mother’s allegations of emotional, psychological and financial abuse against father did not qualify as “domestic violence.” Again, this was not a defense for mother.

U.S. v. Nixon, No. 17-2132 (August 28, 2018) C.D. Ill. Affirmed

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