BC-
Amber Alert doesn't necessary send out the siren maidens on cue. What they do is follow legal protocol to determine which course of action the authorities need to heed depending on the case at hand. In instances where each of the criteria is met - it goes on immediate Amber Alert. If not, it'll guide the reporting parent to various branches of authority, which was the intent of my post when I said Amber Alert would've been a good place to start, period.
The fact she took the child's passport lie a possibility she may either go home, or even take the child across stateline, or national borders WITHOUT his consent. The least the agency would've done is alert state and national border crossings.
Family Abduction have clear legal ramnifications. It may carry civil and criminal consequences. Feel free to read it
here.
Children who are victims of family abduction are uprooted from their homes and deprived of their other parent. Often they are told the other parent no longer loves them or is dead. Too often abducted children live a life of deception, sometimes under a false name, moving frequently and lacking the stability needed for healthy, emotional development. The term parental kidnapping describes the wrongful removal or retention of a child by a parent. Because child kidnappings are frequently committed by other family members, the term family abduction more accurately describes such action. Both terms are used interchangeably in this book. Both have civil and criminal meanings.
When a parental kidnapping occurs the government may pursue criminal process against the abductor if a criminal law has been violated. Law enforcement and prosecutors are part of the criminal-justice system. The left-behind parent may pursue civil remedies to prevent an abduction or recover a wrongfully removed or wrongfully retained child. The left-behind parent’s lawyer and the family court are part of the civil-justice system. It is important to understand both criminal and civil remedies can be pursued when an abduction occurs. The decision to pursue civil remedies is up to the parent, whereas the prosecutor ultimately has discretion whether to pursue criminal process.
This guide covers civil and criminal remedies in parental kidnapping cases. It navigates parents and attorneys through the criminal- and civil-justice systems’ responses to parental kidnapping. It describes actions parents can take and laws that may be helpful when their children are the victims of family abduction. It also explains how to prevent abductions.
Parents should take this book with them when they meet with their attorneys, law enforcement, prosecutors, and family-court personnel, many of whom may be handling a family-abduction case for the first time. The fact the wife is 22 years old and not working, the child being less than 4 years old doesn't bode well for the child. He's the father, as much a parent as his wife. If they are in a civil discourse, a young child like his should not have to be part of any unrest between the two.
The child's welfare IS front and center. She, along with him, need to understand the legal consequences of their actions when there is a young child, or children involved.
