We at Shorstein, Lasnetski & Gihon do not handle much in the way of family law matters, but we came across a case that illustrates a possible connection between an order that is common in divorce cases and a potential criminal violation in Florida courts. In divorce cases where a minor child is involved, custodial rights will have to be worked out between the parties or determined by the judge. Obviously, custody issues regarding one or more children can be very contentious in divorce cases, along with other issues such as alimony and division of property. One or both parties may not be happy with the outcome and how much time he/she gets with the child or children after the divorce is final.
When it comes to family law child custody orders, violating the order can have serious consequences. In a case just south of Jacksonville, Florida, the parents divorced, and the judge ordered shared custody between the parents. The father violated the order and took the child away without allowing the mother to have contact with the child for several months. When the father and child were found, the father was arrested for kidnapping and concealment of a child contrary to a court order. The concealment charge is the one related to the family court order. That Florida statute makes it a crime to take a minor outside of the state of Florida or conceal the location of the child in violation of a custody order of which the parent is aware. A violation of this statute is a third degree felony which is punishable by up to five years in prison.
The criminal defense lawyer moved to dismiss the concealment charge arguing that the custody order did not require the father to disclose the child’s location to the court. This argument was rejected. A concealment crime occurs if a parent conceals the child’s location from the court or the other parent who is entitled to custody if it is in violation of an order.
There is one defense to a concealment charge. The statute allows a person to remove a child from the state or otherwise conceal the location of the child from the other parent if it is reasonably necessary to protect the child from abuse. However, if it is done because a parent dislikes a custody order or to punish the other parent, it will likely be a felony crime.