When a Parent Kidnaps Their Own Child

Divorce is rarely easy on a family, especially when children are involved. In most cases, both parents want to do what’s best for the child. However, when emotions run high, spouses (or ex-spouses) may disagree on exactly what this means. And in the most extreme cases, when one parent decides to take matters into their own hands, things can quickly spiral completely out of control.

An older story of child custody gone terribly wrong that recently re-emerged in the news is the stuff of tabloid television and Lifetime movies – and, in fact, one of the people involved did tell his story on Dr. Phil at one point.

The sad saga of Eileen and John Clark

In 1995, New Mexico resident Eileen Clark packed up her three small children and told her husband of over a decade, John, they were going on vacation. Instead, she fled to California and, later, England, citing John’s abuse and fearing for the safety of her children. Lifestyle website Womenio reports:

Hayden [the Clark’s middle child] told his doctor that he noticed his name on the FBI’s missing children roster in 2007. The doctor reached out to the authorities, who called the FBI. Finally, a year later, the family was located.

In 2009, Chandler, then 21, and Hayden, 19, wrote to the FBI stating they were living with their mother but were not missing. Despite their claims, Eileen was arrested and charged with international parental kidnapping in 2010.

What came next was a battle across both sides of the pond. The British media was heavily on the mom’s side, while the US media believed John Clark and did not find Eileen’s abuse allegations to be valid.

Eileen Clark accepted a plea deal with prosecutors and entered a guilty plea to one count of international parental kidnapping (at the time of the hearing, only her daughter was still a minor), restitution to her husband, and a year of unsupervised probation. This allowed her to avoid prison time and return to England, where her children and husband awaited her.

Was justice served?

We’re not part of the Clark family, so we can’t comment or speculate on what really happened or whether the ultimate outcome was fair. What we do know is that parental kidnapping or custodial interference is an abuse of custody and typically against the law (more on that in a moment). The Independent gives us two good perspectives on Clark versus Clark, written the day of Eileen’s hearing:

Today’s guilty plea, however, is likely to be seen by Mr. Clark, who has since been reunited with two of his three children, as vindication for his nearly two-decade-long effort to bring the mother of his children to account. He has consistently denied ever mistreating his ex-wife and has since remarried.

…

Emma Norton, a legal officer with the group, excoriated the Government. “How can it be in the public interest to haul this vulnerable, terrified woman across the Atlantic to face her alleged abuser in court, thousands of miles from her home, friends and family? Eileen’s desperate case is a perfect example of how inhumane, unbalanced and unjust our extradition system has become.”

No matter what your situation is, never let it come to this. Our Charlotte family law attorneys can help you.

What is parental kidnapping?

Here in North Carolina, interference with child custody arrangements can result in a child abduction charge, per Code 14-41: “Any person who, without legal justification or defense, abducts or induces any minor child who is at least four years younger than the person to leave any person, agency, or institution lawfully entitled to the child’s custody, placement, or care shall be guilty of a Class F felony.”

A felony charge can result in penalties like jail time, fines, and even a loss of all custody rights. It is vital to understand exactly what your child custody order entails, so you and your co-parent can ensure there are no misunderstandings that might end up with one of you in handcuffs. It’s also crucial to understand your immediate rights in the event your ex-spouse simply up and disappears with your children, as Eileen Clark did back in 1995.

I think my ex kidnapped our kids. What do I do?

If you believe your child’s parent or any other person has violated NC Code 14-41 and your children are unsafe and in danger, contact law enforcement immediately and provide them with as much information as you can.

Contact an experienced child custody lawyer, who can go over the terms of your divorce agreement as soon as possible to demonstrate that your ex-partner has unlawful possession of your children. It is important to remember, however, not every bad situation is necessarily considered an abduction or kidnapping. For example, if you and your co-parent don’t have a formal court-ordered custody agreement stating specific pickup and drop-off times, the court may not consider this custodial interference, and it will be more complicated and time-consuming to get the help you need.

Our attorneys can work with you to determine the best course of action and how to better protect your children and yourself in the future. If you do not currently have a formal custody agreement, we strongly advise putting one into place now, for the best interests of your family. We can help.

If you are worried about child custody, it is important to ensure you have an iron-clad agreement in place. The family law attorneys at Epperson Law Group, PLLC have decades of experience helping people co-parent together in as stress-free a manner as possible. To learn how we can help you, set up an initial consultation today by filling out our contact form or calling our offices. We serve clients in Charlotte, Boone, Weddington, and Concord.