Defiance of Court Orders in Contested Adoption Cases.?

Question

If an adoptive parent defies a court order involving the child in a contested adoption, will they be charged with kidnapping, unlawful restraint of a minor, or custodial interference, or will nothing happen to them. Just wondering as I've heard many cases like this.

Answer 1

If the adoption is finalized and they take the child yes.  They are no longer the parent and have no right to the child. So yes they will be charged with something depending on situation and history and the mode of the DA

ETA if the PAP don't submit to the order they are in comtempt of court and can go to jail.  Not kidnapping or something like that.

Answer 2

By law, you are required to submit to the court order.

They can appeal, they can fight the order, but unless the person's lawyer has filed the correct papers, they're breaking the law.

The charge would be contempt of court.

Maybe kidnapping if they moved the baby to a different location, or tried to leave the city/county/state.

Answer 3

Depends on the state....the judge and the details of the case.

If the FBI is called in and the case handed over then a federal warrant can be issued for kidnapping. It all depends on what action the DA decides to pursue.

When you say "contested" do you mean an adoption that has already taken place and is being appealed OR an adoption in progress that is being challenged by the natural parents or a relative.. Both are very different circumstances.

Answer 4

Yes, they would be in a whole lot of trouble. Defy the courts? Then go in front of the judge, who made the order and expect him to show you mercy? All you have is time on your side until you finally go to court and have the book thrown at you. Good luck with that one.

Answer 5

Nothing serious will happen. the only way to fix it would be to get  in front of the judge with a motion to modify temporary orders as soon as possible. I am currently in just this situation and it has been dragged on for almost 2 yrs. now.Without finalization I'm assuming the agency has managing conservatorship till trial to terminate. If true then it is up to the agency to see the PAP's follow through with the court order. There should also be an amicus or ad litum attorney for the child that should help. If they won't cooperate the judge will make them.

Answer 6

I have read of some case just like this. What get's me is if these adopted couple can't adopt the child and they know that the birth parent wanted there child and there child should have never been with the couple then they should have done the right thing and gave the child back. There are plenty of children free to adopt. But that's not what happens.