What To Do When A Child Removed or Taken Across State Lines

What you should do when you have child custody orders from another state, and let’s say that the parent who has visitation is here in Colorado and the other parent is not returning the child. What do I do then?

You’ll find that the police here in Colorado are not going to act on another court order from another state unless a Colorado judge has authorized the police to do something.

We’ve been very successful in getting children back to their lawful custodial parent when this happens. The process involves registering a foreign decree, that’s what it’s called, from another state into Colorado so that a Colorado judge can take what they call “judicial notice” of the child custody orders and enter orders for the police to assist you in getting the child back.

It’s a two-step process. Step one is to register the foreign decree from the other state and, two, to seek the Colorado courts ruling that would allow you to use law enforcement in the state to help you get the child back.

Shayne Law Gets Child Safely Returned To Rightful Parent in Child Custody Matter

On Monday, a young parent hired Gordon Shayne to represent her in an emergency. The other parent had wrongfully kept the child and did not follow the court orders. Gordon Shayne prepared the necessary motions that were filed that same day, and which requested the assistance of the police to immediately return the child. The Court agreed with Attorney, Gordon Shayne, that when a parent does not follow court orders for the return of a child, it was both, an “emergency” and that the child was in “imminent danger.” When the judge entered the Court Order, the day after Attorney, Gordon Shayne, filed the motions, the child was returned to its rightful parent with the assistance of local police.

“The life of the law has not been logic; it has been experience.”
– Oliver Wendall Holmes 1881

Contact Shayne Law if you have any questions.

Abduction Attorney in Colorado

What happens when a parent takes children out of Colorado with the intent not to return them to Colorado? I’m not talking about vacations or plans to see grandma over Christmas vacation. I’m talking about a parent who is sharing custody with the other parent and puts the kids in the back of the car in the middle of the night or takes them to the airport and they fly out of town, and essentially mother has abducted the children from the other parent. In those kinds of situations, one of the things that the court is going to look for is whether or not there is an active case that’s been filed in the court.

In a case where parents have never been married, but they share parental responsibilities of children and they’ve never had any court orders entered, a case can be filed called an allocation of parental responsibilities. That protects the parents from having one or the other abduct or take the children out of Colorado without a lawful court order. This is very important to parents who fear that the other party may pick up in the middle of the night and take the children to see family, like their parents who live in another state, without the permission of the other parent. Colorado’s law requires that before a child or children can be removed from the State of Colorado that they do so by either obtaining a court order or a signed written consent authorization from the other parent to relocate the children from Colorado.

Contact us for more information.