Oldest Parental Kidnapping Case Finally Resolved
Posted on June 4, 2008
Filed Under Criminal Law, Domestic Violence, Kidnapping |
The oldest parental kidnapping case in the country was finally resolved a year ago. In 1993, Mary Jane Byrd fled with her 4-year-old daughter shortly after a Washington D.C. judge ordered that the girl’s father be allowed visitation rights. The father, Charles Dodd, was subsequently awarded full custody of his daughter, but it took U.S. Marshalls 13 years to track her down. In 2006 they found Mary Byrd and her daughter living at the house of Byrd’s mother in Delaware. Charged with parental kidnapping, Byrd faced up to a year in jail and a $5,000 fine if convicted. Pleading domestic violence and fear of abuse as her reasons for disappearing with her daughter, charges denied by Dodd, Byrd was acquitted by a jury just one year ago.
Every year more than 200,000 children are taken by a family member, usually a parent without legal custody. Like Jane Byrd and her daughter, they often live under an assumed identity, moving from hotel to hotel or relative to relative. They live in constant fear of discovery. Parents may be too afraid to allow their children to go to school. The children usually live an insular life, having little or no opportunity for social contact with other children. Many parents like Jane Byrd flee what they feel is an intolerable and abusive situation, but just as often children are ripped from secure homes and another loving parent. These children are victims, pawns in a bitter struggle between their parents.
Parental kidnapping is a serious charge that can be charged as either a misdemeanor or felony depending on the circumstances of the case. Any person who does not have the right of custody and maliciously takes or conceals any minor child with the intent to detain or conceal the child from the person having legal custody can be charged with parental kidnapping. If convicted, you can spend time in jail or even state prison. Many defenses are possible, and you should consult an attorney experienced in parental kidnapping defense if you are charged.
-LegalPro
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