It is terrifying to think of your child being abducted. Such situations can occur in the form of the other parent absconding with the child or simply failing to return them. Fortunately, the law allows one to take immediate action when their child’s other parent is violating a court order by withholding them. It is important that you quickly contact a child custody lawyer so that you can get your case into Court as quickly as possible. Our Boston parental abduction attorneys are able to assist with such matters. Contact us today to schedule an initial consultation. We also assist those in Cambridge, Salem, Dedham, Worcester, and other areas.
Boston lawyers dealing with the parental concealment of children
Parents are required to follow child custody orders which have been entered by the Probate and Family Court. A parent will be in violation of such an order if they keep the child beyond the time granted to them by the order. In extreme cases, where the offending parent is refusing to return the child, then they may be held in contempt of court and criminal charges may possibly be filed. It goes without saying, however, that a parent’s immediate concern is simply having their child returned to them. The law provides several avenues of relief one can pursue. A Complaint for Contempt with Motion for Short Order of Notice requesting an emergency hearing seeking an Order for immediate return of the child and modification of the existing custody order. If appropriate, a report to the police with the possibility of a criminal complaint and an Amber Alert.
The first step in obtaining an Order for return of the child is to file an emergency Motion with the Court. This is a formal document in which a parent states that the child is being withheld and provides proof that the other parent is refusing to return their son or daughter. A Court hearing will be held shortly thereafter to determine whether the offending parent should be held in contempt of court (which can include jail time) and whether they should be liable for the other parent’s attorney’s fees. Depending on the facts of the case, the Court may also entertain a request to change child custody. How the Court will rule in a particular situation will always depend on the specifics of the case. It is suggested that you retain an attorney to ensure that the matter is handled properly.
Our Boston lawyers deal with cases where one parent is wrongfully withholding the child. Edward Swan and Sohail Nassiri have over twenty-five years of combined legal experience and they recognize the serious nature of kidnapping cases. They will use your initial consultation to help you understand whether your counterpart’s behavior actually constitutes “abduction” or a violation of the Court’s order. If a violation has occurred then our office will immediately file any necessary Motions and we will request an emergency hearing. We will make any possible arguments for a change of custody and will make sure that your rights are protected throughout this process. We understand that this is a stressful time. We are here to help. Contact us today to schedule an initial consultation.
Boston lawyers making themselves available to those going through a parental kidnapping case
If you are going through a parental kidnapping case then, it goes without saying, that your mind is likely racing. It is important that you have an attorney who is available to answer your questions. Our Boston lawyers make client-communication a priority. Edward and Sohail provide clients with their cellphone numbers, quickly respond to emails, promptly return phone calls, and make sure that your concerns are addressed. We understand the nature of cases involving children and we give such matters the attention they deserve.
We also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Salem, Dedham, Worcester, Brockton, Quincy, and Lynn.