Who is Liable When a Child Runs Away to Non-Custodial Parent?

Quite often when a child between the ages of 9 and 12 runs away to the other parent’s home, the police will be called to apprehend the child.  Usually, the child will end up being sent back.  If the child runs a second or third time, the police and child welfare authorities will often back off and let the child have is or her way, unless the place there’re running to is considered not appropriate for the child.   Once the child has left the custodial parent’s home without the consent of the custodial parent, steps should be made to have the custodial parent contact a third party, such as a child advocacy group.

If the non-custodial parent is implicated in your child’s running away, the parent could face charges for unlawful abduction and contempt or court for breaking custody.

In your particular case, it is the duty of your son’s father to call you immediately and let you know that your son has shown up on his doorstep.  At that point, depending on your relationship with your ex-spouse, it’s up to you whether or not to involve the local authorities.  If you have a contentious relationship with your ex, it may behoove you to take the matter to court.  Keep in mind even if the court does not support you, they are powerless to stop a young child from continually running away from another parent’s home.  It’s best to try and communicate with your son and find out what the problem is.  If this is a one-time situation and he was angry from the fight you two had, then this can be rectified through a third-party mediator, often times a family friend.  If it continues, you may need to enter family counseling.