CHILD CUSTODY 15.3
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: CHILD CUSTODY
DISPUTES
GENERAL ORDER: 15.3
EFFECTIVE: October 1, 1998
RESCINDS: NEW
ACCREDITATION
STANDARDS: CFA NONE
PAGES: 4
CONTENTS:
This order consists of the following numbered sections:
I. CUSTODY DISPUTES
II. INTERNATIONAL CUSTODY DISPUTES
III. FLORIDA CUSTODY ORDERS
IV. OUT-OF-STATE CUSTODY ORDERS
V. GLOSSARY
PURPOSE:
To establish procedures for the handling of custody disputes and parental abductions.
SCOPE:
This order applies to all sworn law enforcement members.
DISCUSSION:
The primary objective of the Police Department in parental abduction cases is the welfare of
the child and the return of the child to the custodial parent. Officers should be aware that jurisdictional problems
could arise when investigating child custody disputes. They should become familiar with Florida and out-of-state
court orders, and federal laws that facilitate the investigation and disposition of child custody cases.
The Parental Kidnapping Prevention Act of 1980 requires authorities in each state to enforce court orders from
another state without modification. (A local judicial order requires the order to be “domesticated” prior to
enforcement.) The Missing Children Act of 1982, and the National Child Search Assistance Act of 1990,
eliminates any waiting period before entering a missing child into the NCIC system, even if the abductor has not
been charged with a crime.
POLICY:
The Police Department will enforce custody orders issued by courts having lawful jurisdiction, and
provide for the safety and welfare of children involved in custody disputes.
PROCEDURE:
I. CUSTODY DISPUTES:
When investigating a child custody dispute and neither parent can produce a proper
court order designating custody, the officer will:
A.
If possible, interview the alleged abductor parent to determine if he or she has physical custody of the
child.
G.O.15.3
B.
Determine if the child is safe and investigate for evidence of child abuse.
C.
Initiate an incident report titled “Custody Dispute” if there is no evidence that the child has been or will be
harmed.
D.
Determine whether a missing child report should be initiated if the child and/or abductor is not present.
E.
Advise the parents of the need to obtain a proper court order specifying the custodial parent.
II. INTERNATIONAL CUSTODY DISPUTES:
The Hague Convention governs international custody
disputes where there is abduction of a child from one country to another, and both countries have signed the
treaty. The State Department is responsible for confirming authentication of the order with the country of origin.
Once authenticity is confirmed, the order should be handled as if it were an out-of-state custody order. (Refer to
Section V.)
III. FLORIDA CUSTODY ORDERS:
Officers must familiarize themselves with applicable state laws,
including F.S. 787.02 False Imprisonment, F.S. 787.03 Interference With Custody, and F.S. 787.04 Removing
Minors From State Contrary to Court Order. When investigating a child custody dispute and the custody order is
signed by a judge of the Florida Circuit Court, the following apply:
A.
Obtain a certified copy of the custody order from the custodial parent.
B.
If possible, contact the custodial parent’s attorney and the clerk of the court in the county of origin to
determine any modifications to the order.
C.
Conduct a warrants check on the child to determine if a “missing child” entry is in the FCIC/NCIC
information systems.
D.
Conduct a warrant and criminal history check on both parents.
1.
If a warrant exists for the non-custodial parent, the officer must verify the warrant through teletype;
arrest the parent (out of the presence of the child, if possible); and complete an Offense/Incident report
titled “Assist Other Agency - Child Custody.” The details of the complaint, arrest, and any statements
made by the involved parties must be included in the report.
2.
If there is no warrant and the non-custodial parent has not committed a crime in Tequesta, no action can
be taken against that parent.
3.
If there are no warrants or pickup orders related to the custody dispute, the officer will return the child
to the custody of the parent named in the order.
E.
If allegations of sexual abuse are made against the custodial parent, the child should not be released. The
officer must notify HRS of the allegations and initiate a sexual abuse investigation.
F.
The custodial parent should not be at the scene of the recovery of the child, or at the scene of the arrest of
the non-custodial parent.
G.
In all reported child custody dispute cases, the officer will document the available information in an
Offense/Incident report.
IV. OUT-OF-STATE CUSTODY ORDERS:
In custody dispute cases where there is an out-of-state custody
order, the following apply:
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G.O.15.3
A.
The detective division has primary responsibility for the investigation and enforcement of out-of-state
custody orders. Officers are encouraged to contact the on duty detective for assistance when handling such
matters.
B.
Since contact must be made with the originating jurisdiction to verify the order and any modifications,
such orders will be enforced only during normal business hours (0800 to 1700 hours, Monday through
Friday).
C.
The assigned detective will:
1.
Obtain a certified copy of the custody order from the custodial parent.
2.
Confirm that the order has been “domesticated.” (This requires the custodial parent to file a petition to
a Florida Circuit Court for Recognition, Domestication, and Enforcement of a Foreign Order.) A Palm
Beach County Clerk of the Court stamp on the order does not meet the requirement for domestication. A
Florida Circuit Court judge must sign the order.
3.
Contact the custodial parent’s attorney and the Clerk of the Court in the originating jurisdiction to
confirm the validity of the order and determine if the order has been modified.
4.
Contact the Palm Beach County Clerk of the Court and determine if any conflicting custody orders are
on file.
5.
Once the custody order is domesticated, it is enforced in the same manner as a Florida custody order.
V. GLOSSARY:
CERTIFIED COPY - A photocopy of an original court order signed by a judge. The photocopy must bear a seal
or stamp of the clerk of the court of the originating jurisdiction, certifying that it is an official copy of the
original order.
CHILD - An unmarried person under the age of 18.
CUSTODIAL PARENT - The parent whom they have given custody of a child through a custody order signed
by a judge.
CUSTODY DISPUTE - A disagreement between parents over who has rights to the custody of a child.
CUSTODY ORDER - A court order, signed by a judge, designating the parent who will have legal custody of a
child.
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G.O.15.3
INDEXING:
ABDUCTION OF CHILDREN
CHILD CUSTODY
CUSTODY DISPUTES
DRAFTED:
RLG/March 10. 1998/Filed: Chicus15.3
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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