In Parental Kidnapping cases, some parental abductors may not be prosecuted by the criminal court to spare the victim children and victim parent of having to go through a public criminal trial. In these cases where the charges are dismissed or dropped, that doesn’t mean that the defendant was not guilty, it just means that the defendant was not prosecuted. The Family Court cannot ignore the parental kidnapping or any violation of court orders. After a kidnapping, the Family Court Judge is faced with having to decide what is in the “best interests of the children”. And if the protective mom is unable move away from any allegations and demonstrate to the court she can coparent, then it’s unlikely that mom will ever have unsupervised visitation or joint custody ever again. The noncustodial mom must work toward regaining her credibility with the Family Court.
In cases such as with Sandra Rucki, the protective mom will be out exercising her First Amendment Free Speech Rights by talking to the media and plastering her children’s photos all over the Internet. It’s the same unfounded story we heard before and during the kidnapping. It doesn’t take much common sense for most of us to realize that NONE of these children want this. NO teenager or young children, wants their photos in the mainstream media or on the Internet for their peers to see.
Unfortunately, most mainstream media reporters are easily fooled and will not respect the rights of the minor children. In Juvenile Court Proceedings in most states, these hearings are behind closed doors. But in Family Law Cases, it is up to the reporter if they want to write about unfounded allegations against the custodial parent.
Last year we saw Kelly Rutherford, Angie Vu and even Madonna refrain from posting photos of their children in the media and take their custody time with their children. These celebrity mothers took the high road in de-escalating their feeling about their former spouse in the media for the benefit of their children.
Today, there are a number of protective moms, most with limited custody time with their children disparaging their former custodial spouse in the media. What most of us have to ask: What makes their case so much different than those celebrities? And why don’t these moms think that their Family Court Judge isn’t asking this same question.