Removing Kidnapping Charges Against the Other Parent

[jerry121]

My question involves a child custody case from the State of: Maryland

Child is now an adult of 21 years old. Mother had charged the father of parental kidnapping years ago. Father had the legal custody of the child at the time.

The child who is now an adult and is in talking terms with the mother, and the father and mother have no disagreements or disputes with each other. Mother wishes to remove the charges that were placed on the father. What can be done? What is the procedure that has to be followed so that the mother can dismiss the charges made against the father?

[Dogmatique]

That would be up to the DA/prosecuting attorney.

But if Dad was charged, there would have been an investigation, with a result - so what was the result?

When exactly did this happen?

[jerry121]

This exactly happened 16-17 years ago.

Dad took the child out of the country. Contact was made with the child and Dad through the US Consulate abroad. The child wrote a letter to the mother and the relevant officials in the US explaining the situation. Contact with the mother was on and off during the years. Basically, the US Consulate in the country was well aware of the child's whereabouts, so the child wasn't missing to be precise. Only that the child didn't choose to be in continuous contact with the mother. That's it.

[Dogmatique]

That didn't really answer the question, so the only thing I can say is that the parents need to speak with an attorney well versed in kidnapping charges.

Generally, the child writing a letter won't count for anything at all - children can be forced/coerced very easily and this would not usually satisfy an allegation of parental kidnapping. There are obviously more details that should be discussed with the attorney.

If everything was sorted out though, why would anyone need to act at all?

[jerry121]

Everything appears to be sorted out. But the case appears to be open on National Center for Missing Kids, so I guess that means the case would be open in court as well.

So, if the mother wishes to remove the charges, she has to appoint an attorney and bring the case in front of the state prosecutor? I just want to know what is the general procedure in such cases?

[jerry121]

Can anyone help me on this?

[flyingron]

Understand this: the child can not consent to the kidnapping nor does the child not wanting to associate with the legal custodian mean squat.
It is not the MOTHER who prosecutes a criminal action. She may have made the complaint, but it is the state (or perhaps the US government) that is the injured party when a crime occurs.
There is not likely to be any way of resolving this as a "self help" thing. You need a lawyer.

[aardvarc]

In addition, NCMEC is NOT the government or "the state" as a party to a criminal case or charge. They're a non-profit organization who gets a BULK of their information from working WITH law enforcement, but a case simply appearing on their website should in NO way be misconstrued as being an official representation of the status of a case from the POLICE or COURTS point of view. If you think their information is inaccurate, you can either contact them directly and they can re-verify the information with the reporting police agency, or, you can contact the police agency in question directly, and simply ASK, "hey, what is the status of this case".

[jerry121]

So, you believe that the case appearing on the NCMEC doesn't guarantee that the case might be open from the police or courts point of view? I guess I should contact the relevant police department and check about the status of the case. Thanks.

[flyingron]

The NCMEC is not a guarantee. Whether something IS or IS NOT listed there means nothing as to whether a criminal investigation or charges are in effect. If you are truly concerned, have a LAWYER make the inquiries. Since it appears you may indeed be criminally culpable here, I'd not go talking to the police/prosecutor and possibly making incriminatory statements.