Parental Child Abduction Lawyers in Chicago, Illinois
We Help Parents Return Kidnapped Children
At Chicago Family Attorneys, LLC, we understand that nothing is more urgent than having your child taken or withheld by another parent. Whether it's called parental child abduction, custody interference, or parental kidnapping, these cases demand immediate legal action. Our experienced child custody attorneys serve families throughout Chicago, Cook County, and surrounding areas with emergency court motions, interstate and international enforcement, and compassionate legal guidance every step of the way.
What Is Parental Child Abduction Under Illinois Law?
When Is It Considered Kidnapping?
In Illinois, the legal framework that governs parental child abduction is found under 720 ILCS 5/10-5, which defines the offense of child abduction when committed by a parent or someone acting without lawful custody. While many people casually use the term "kidnapping" to describe these situations, Illinois law draws a critical distinction between parental kidnapping, custody violations, and lawful relocation. Understanding these differences is essential for both preventing legal missteps and enforcing your parental rights.
Definition Under 720 ILCS 5/10-5: Illinois Parental Kidnapping Statute
According to Illinois’ criminal code, a parent may be guilty of child abduction if they intentionally:
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Remove a child from the state or conceal them without the consent of the other parent, in violation of a court order.
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Keep the child past a scheduled visitation or parenting time period with the intent to deprive the lawful custodian of their rights.
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Fail to return the child to the other parent at the end of their court-approved parenting time.
720 ILCS 5/10-5 classifies most forms of parental child abduction as a Class 4 felony, carrying serious consequences including potential prison time, loss of custody rights, and permanent damage to the parent-child relationship.
This statute was designed to protect against unlawful interference with custody arrangements and ensure that both parents comply with existing court orders.
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Custody Violation vs. Abduction vs. Legal Relocation
Not every disagreement about parenting time rises to the level of abduction. Here’s how Illinois law differentiates between these scenarios:
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Custody Violation: This occurs when a parent is late returning a child or violates a minor clause in the parenting plan. While this can result in civil contempt, it’s usually handled in family court unless it's part of a larger pattern.
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Parental Abduction: When a parent willfully removes or conceals a child to prevent the other parent from exercising their lawful rights, it becomes a criminal matter. For example, if a father takes the child without permission and moves to another county to hide them, he may face criminal charges under the Illinois parental kidnapping statute.
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Legal Relocation: A parent with majority parenting time may be allowed to move with the child, but only with proper notice to the other parent and court approval under 750 ILCS 5/609.2. Moving without fulfilling these steps may result in a finding of abduction or loss of parenting time.
Understanding these legal distinctions is critical. In some cases, a parent may believe they are acting in the child's best interests, such as fleeing an abusive environment, but unless proper legal procedures are followed, those actions can still be prosecuted as abduction.
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Real-World Examples of Parental Abduction
To bring this into context, here are examples of situations that may trigger legal action under Illinois’ child abduction laws:
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A mother refuses to return the child after summer vacation, claiming the child is happier living with her, despite a joint custody order requiring shared time.
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A father picks up his child on a Friday and does not return the child as scheduled on Sunday, blocks communication, and relocates to another state without informing the other parent or obtaining a court’s permission.
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A parent fears losing custody in court and preemptively leaves Illinois with the child, cutting off access to the other parent, without any court order authorizing the move.
In all of these cases, the parent left behind may have legal recourse through civil enforcement, criminal charges, and emergency custody motions. Our attorneys can help guide you through that process, whether you're seeking the return of your child or defending against allegations of abduction.
Emergency Legal Remedies For Abducted Children
When your child has been taken without permission or is being wrongfully withheld by the other parent, it is one of the most distressing and urgent situations a parent can face. In Illinois, the law provides multiple emergency legal options to help you regain custody and enforce your rights. At Chicago Family Attorneys, LLC, we act quickly and decisively to help parents file emergency court motions, secure return orders, and involve law enforcement when necessary. Our goal is to bring your child home safely and to hold the violating parent accountable under Illinois law.
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Filing for Emergency Custody or Return Orders
One of the most powerful tools available to parents in situations involving parental kidnapping or custody interference is the Emergency Petition for Allocation of Parental Responsibilities or a Motion for the Immediate Return of the Child. These filings ask the court to issue emergency orders requiring the child to be returned immediately to the rightful custodial parent or legal jurisdiction. These motions are available under the Illinois Marriage and Dissolution of Marriage Act and are commonly used in Cook County when a parenting time violation places the child at risk.
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How to File for Emergency Custody or a Return Order in Cook County
The process begins by speaking with an experienced family law attorney who can help you assess your legal position and quickly prepare the appropriate filings. Once retained, our team will begin by reviewing your current custody order or parenting plan to determine the specific terms that were violated. We then draft and file a verified emergency petition detailing the facts of the violation, including dates, locations, and communications that show the other parent’s refusal to comply.
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Your petition will be filed with the Domestic Relations Division of the Circuit Court of Cook County, most often at the Daley Center in downtown Chicago. If the circumstances qualify, you may request ex parte relief, which means the judge can review and issue temporary orders without giving the other parent prior notice. If the court finds that immediate action is required, it can issue a return order, grant temporary custody, or schedule a full hearing within seventy-two hours.
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This process is designed to be fast, but it requires precise legal drafting and a strong understanding of family law procedure. Our attorneys routinely assist parents in preparing and filing these motions within twenty-four to forty-eight hours of consultation.
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What Evidence Do You Need to Support Your Emergency Filing?
To increase the likelihood of the court granting emergency relief, you should gather documentation that supports your claims. This may include certified copies of your custody or parenting judgment, screenshots of messages in which the other parent refuses to return the child, missed school or medical records, affidavits from family members or witnesses, police reports, or evidence suggesting the parent has fled the area.
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Even if you do not have all the evidence, we can help you prepare a sworn affidavit that outlines the situation and highlights the urgency. The court does not require a complete case file to grant temporary relief but must see that a genuine emergency exists that threatens the child’s safety or violates your legal rights.
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Take Action Quickly To Protect Your Child
If your child has been taken or is being concealed, you can typically file for emergency relief the same day you speak with an attorney. Our office prioritizes emergency cases and can often draft and file petitions the same day or by the next morning. In Cook County, emergency hearings are usually scheduled within one to two business days. When necessary, we will appear in court on your behalf and request immediate judicial intervention to compel the return of your child.
When To Involve Law Enforcement Regarding A Parental Child Abduction
When the other parent refuses to return your child and is actively concealing their whereabouts or violating a custody order, law enforcement may become involved. However, police officers are typically limited in what they can do unless a valid court order is in place.
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When Should You Contact the Police
You should involve law enforcement if the other parent has failed to return the child at the scheduled time, if you believe the child is being hidden at an unknown location, if the child has been removed from the state without your consent, or if there is any indication that the child is in physical or emotional danger.
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Before contacting the police, you should be ready to present a certified copy of your custody judgment or parenting plan, as well as any written communication proving that the other parent is refusing to comply. Without a court order, officers may advise you to resolve the issue through the court system. However, when a valid order is presented, the police can conduct a welfare check, accompany you to the exchange location, and document the violation for later use in court.
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The Importance of a Clear and Enforceable Court Order
Law enforcement can only act if the custody order is enforceable and specific. Generic orders that lack clear exchange times, travel limitations, or specific parental responsibilities are often difficult to enforce in the moment. Our attorneys assist clients in modifying and clarifying their custody orders to make them more actionable in real time. In emergency situations, we can also help you obtain a return order or child recovery directive that authorizes law enforcement to retrieve the child and bring them back to the custodial parent.
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In some situations, the sheriff’s department or out-of-state law enforcement agencies may be needed to assist in recovering a child who has been taken across jurisdictional lines. We will coordinate with the proper authorities and provide all legal documents necessary to enforce your rights.
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Filing Criminal Charges Against the Other Parent For Kidnapping
​While most custody disputes are handled in family court, some situations rise to the level of criminal conduct. Under the Illinois Criminal Code, parental child abduction is a felony offense, and the offending parent may face prosecution if they have intentionally interfered with the lawful custody of the child.
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When Can Criminal Charges Be Filed For Parental Kidnapping?
You may seek criminal charges if the other parent has taken or hidden the child without consent, refused to return the child after parenting time, fled the state in violation of a custody order, or made threats to remove the child from the jurisdiction. These cases are often charged under the Illinois parental kidnapping statute, which is found in Section 720 ILCS 5/10-5.
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We can help you present your case to law enforcement and the local State’s Attorney’s Office, and we can assist with drafting a written request for prosecution, compiling the evidence, and explaining how the conduct meets the legal definition of child abduction under Illinois law.
What Are the Legal Consequences of Parental Abduction?
Parental child abduction in Illinois is classified as a Class Four felony. If convicted, the offending parent may face a prison sentence of one to three years, fines of up to twenty-five thousand dollars, and the loss of custodial rights. In some cases, prosecutors may also seek enhanced penalties if the abduction involved international travel, the use of threats or force, or prior custody violations.
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In addition to the criminal penalties, the parent who committed the abduction may face permanent changes to the parenting plan, supervised visitation, and civil liability for expenses incurred by the other parent during the search and recovery of the child.
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Filing criminal charges is not always the first step, but it is a powerful option when civil remedies are ignored, or when the other parent repeatedly violates court orders. Our team will advise you on the best path forward and whether civil, criminal, or parallel action is appropriate in your case.
Jurisdiction and Out-of-State Parental Abduction Cases
When a parent removes a child from Illinois or refuses to return the child from another state, the case quickly becomes more than a family dispute—it becomes a legal emergency. These cases fall under jurisdictional custody law and often require multi-state legal action, emergency filings, and sometimes cooperation with federal authorities.
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At Chicago Family Attorneys, LLC, we have helped parents across the country recover children who were taken out of Illinois in violation of court orders. We are experienced in using both the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) and 750 ILCS 5/609.2 to assert custody rights and stop further unlawful relocation or concealment.
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The Role of the UCCJEA in Out of State Child Custody Disputes
The UCCJEA is a uniform law adopted by all 50 states that determines which state has the legal authority—or jurisdiction—to make decisions about child custody. This law prevents a parent from attempting to gain an advantage by moving to a different state and seeking a new custody ruling there.
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Establishing Illinois as the Child’s Home State
In most cases, Illinois has jurisdiction if the child has lived in Illinois for at least six consecutive months prior to the filing of the case. This is referred to as the home state rule. If a child was born in Illinois or primarily resides here, and the other parent attempts to file custody proceedings elsewhere, we can petition the court to assert jurisdiction in Illinois and have the out-of-state case dismissed.
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Filing and Enforcing Orders Across Jurisdictions
If your child has been taken out of Illinois, or if the other parent is violating an Illinois court order while residing in another state, we can register and enforce your Illinois custody order in that state. This means we work directly with courts across the United States to obtain certified recognition of your Illinois judgment, allowing law enforcement in the other state to assist in recovery.
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We also help out-of-state clients enforce their custody orders in Illinois when the child is wrongfully brought here in violation of another state’s order.
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Preventing Improper Custody Filings in Other States
If the other parent attempts to file a custody case in another state while your case is still active in Illinois, we move quickly to challenge jurisdiction and stop the improper proceeding. Courts do not allow parents to manipulate the legal system by moving to another state and creating competing orders. We protect your rights and ensure your original Illinois order is honored.
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Emergency Jurisdiction and Child Safety
Sometimes a parent brings a child into Illinois or keeps the child here without legal authority, claiming the child is in danger or that there is no court order in place. In these situations, Illinois can take emergency jurisdiction under the UCCJEA, even if another state may be the child’s home state.
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When Illinois Courts Can Take Emergency Jurisdiction
Illinois courts may assume temporary emergency jurisdiction if a child has been abandoned, is in immediate danger, or has fled a situation involving domestic violence. We help parents act swiftly when the child’s safety is at risk by filing emergency petitions for custody and orders of protection.
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How to File for Emergency Custody in Illinois During Interstate Disputes
Filing for emergency custody in interstate cases requires a verified petition, a sworn affidavit outlining the danger to the child, and often communication between Illinois and the other state’s court. Our attorneys know how to structure these filings and present urgent facts that prompt immediate hearings and temporary orders to keep the child in Illinois.
Stopping Unlawful Relocation Under Illinois Law
Parents often disagree on relocation. When a parent moves without permission, it can constitute parental abduction or custody interference under Illinois law. Under 750 ILCS 5/609.2, any parent seeking to relocate a child outside a certain distance must follow specific notice and approval procedures either by another parent or through the court.
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What Qualifies as Relocation Under Illinois Law
Relocation is legally defined as:
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A move more than 25 miles from the child’s current residence if living in Cook County or the collar counties
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A move more than 50 miles for parents living in other parts of Illinois
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Any move across state lines
Failing to follow the law can lead to loss of parenting time and even contempt of court. Relocation must be followed specifically by the statute.
Legal Remedies When a Parent Moves Without Consent
If your child has been relocated without your agreement or without a court-approved relocation order, we can take action. This includes filing emergency motions to compel the return of the child, requesting supervised visitation for the offending parent, and seeking to modify parenting time based on the violation.
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Our Process for Filing Relocation Enforcement or Modification Petitions
Our attorneys file detailed petitions to enforce relocation restrictions and request modifications to the custody order that reflect the other parent’s violation. We gather evidence, notify the court, and take immediate steps to prevent further harm or disruption.
Federal Coordination for High-Risk Abduction Cases
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In extreme situations, especially those involving the risk of international removal or repeat violations, our firm has coordinated directly with federal agencies to prevent further unauthorized travel and recover abducted children.
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The Federal Bureau of Investigation (FBI) to initiate child abduction investigations and place the child on missing person or endangered person lists
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The Department of Homeland Security to flag custody-related watchlists and track interstate movement
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The Transportation Security Administration (TSA) to issue airport alerts and prevent unauthorized boarding of domestic or international flights
By combining our courtroom advocacy with federal enforcement resources, we are able to take immediate action that extends beyond state boundaries. This type of intervention is especially critical when a parent is attempting to leave the country with a child without permission or when prior court orders are being ignored.
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Working with the FBI in Child Abduction Investigations
When a child is abducted or concealed and there is a risk of flight or concealment across state lines, we contact the FBI and work with their Child Abduction Rapid Deployment teams and Crimes Against Children Unit. We help gather the documentation necessary to prompt a federal investigation when state resources are no longer sufficient.
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Coordinating with Homeland Security and TSA
We have worked with the Department of Homeland Security and TSA to place alerts on children’s travel records, preventing them from boarding domestic or international flights with an unauthorized parent. In some cases, this includes working with airport security to detain a parent at departure.
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Preventing International or Interstate Flight with Court Orders
We help clients obtain court orders that block the issuance or use of a passport, require surrender of the child’s passport, or restrict travel outside of a certain area. These orders are critical for preventing a parent from leaving the state or country with a child in violation of custody rights.
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Working with Courts and Law Enforcement Nationwide
Because we handle child abduction cases across the United States, our team regularly communicates with family law courts, law enforcement officers, and attorneys in other jurisdictions. We are skilled in:
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Filing and enforcing custody orders across state lines
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Registering Illinois custody judgments in other states
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Coordinating multi-jurisdictional court hearings
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Guiding out-of-state law enforcement through order enforcement
Whether your child is in California, Texas, Florida, or New York, we can help. We understand how to navigate the legal differences between jurisdictions while protecting the core custody rights established by Illinois courts.
We also assist clients in defending against improper attempts by another parent to establish jurisdiction elsewhere. If the other parent is falsely claiming home state jurisdiction in a different state or trying to modify custody orders outside of Illinois, we will take immediate steps to quash the filing and assert Illinois jurisdiction under the UCCJEA.
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Coordinating Telephonic Hearings and Interstate Enforcement
We handle logistics involving judges in multiple states, telephonic court appearances, and enforcement requests that cross borders. Our relationships with other law firms and courts help streamline these sensitive legal efforts.
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Our Proven Experience in High-Stakes Jurisdictional Cases
Our firm has handled complex child abduction and relocation disputes in nearly every region of the United States. Whether your child was taken to a neighboring state like Indiana or a distant location like Texas, California, Florida, Puerto Rico or other U.S. territories, we know how to act immediately to locate and recover children.
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Our Strategy for Immediate Response and Long-Term Enforcement
We prioritize fast action. Once we learn about the abduction or custody interference, we draft and file emergency pleadings, contact law enforcement or federal agents where necessary, and coordinate with other courts to secure full enforcement of your rights.
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How We Support Parents Facing Relocation and Abduction Threats
In addition to emergency action, we help clients put safeguards in place for the future. We revise parenting plans, secure court orders that prevent relocation, and offer long-term representation to parents with ongoing custody concerns.
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To speak with the attorneys at Chicago Family Attorneys, LLC to gain assistance in recovering your child after an abduction, call (312) 971-2581 or book a free consultation online.
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Interational Parental Abduction and the Hague Convention
When a parent takes a child out of the United States without the other parent’s consent or in violation of a custody order, the case becomes far more urgent and complex. These situations are classified as international parental abduction, and they often require legal action across multiple jurisdictions and cooperation with both U.S. and foreign authorities.
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At Chicago Family Attorneys, LLC, we represent clients in high-risk international child abduction matters, including cases involving removal to non-Hague countries, concealment of a child abroad, and violations of U.S. custody orders. We have experience filing Hague Convention petitions and have worked with federal agencies including the U.S. Department of State, FBI, Homeland Security, and foreign central authorities to recover abducted children and prevent further international flight.
The Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention is an international treaty that governs the prompt return of children who have been wrongfully removed from or retained outside of their country of habitual residence. Both the United States and more than 100 other countries are signatories to this treaty.
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The purpose of the Hague Convention is not to resolve custody disputes, but to ensure that such disputes are heard in the appropriate country. If a child has been taken from Illinois to a foreign country that is a Hague signatory, we can initiate a legal process through the U.S. Central Authority to demand the child’s return.
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Preparing and filing Hague Convention return applications
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Coordinating with the U.S. Department of State’s Office of Children’s Issues
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Working with foreign attorneys and courts to enforce U.S. custody orders
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Preparing court materials and affidavits to show wrongful retention or removal
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Litigating exceptions raised by the abducting parent under Article 13 of the Convention
A successful Hague Convention case can lead to the immediate return of a child to the United States. These cases are time-sensitive, and delays can reduce your chance of recovery. We act quickly and assertively to preserve your parental rights.
What Happens If the Other Parent Takes Your Child to a Non-Hague Country
While the Hague Convention provides a powerful remedy in many international abduction cases, not all countries are signatories. Some countries either have not joined the treaty or are known for failing to comply with return orders, even if they are formal members.
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If your child has been taken to a non-Hague country or a country with weak enforcement records, you still have legal options. Our attorneys can:
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Contact the U.S. Embassy in the foreign country to request welfare checks and diplomatic intervention
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Engage foreign counsel to initiate proceedings in local courts
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Work with Interpol to issue missing child notices or Red Notices in cases involving criminal charges
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Coordinate with the U.S. Department of State, FBI, or other federal agencies to block passport renewals or re-entry permits
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Pursue contempt proceedings and international arrest warrants under federal and state law
We understand the added legal and emotional stress that comes with these cases. Our goal is to use every available channel to locate your child, stop further movement, and begin the process of lawful return.
Preventing International Abduction Before It Happens
In many international family law cases, one parent may express concern that the other parent is planning to take the child out of the country without consent. These warning signs may appear during a divorce, custody dispute, or after a change in immigration status, remarriage, or job relocation abroad.
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We help clients prevent international abduction by:
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Obtaining court orders that prohibit international travel without prior written consent
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Filing petitions to require court-held passports or travel bonds
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Adding conditions to custody judgments regarding notice of travel and foreign itinerary disclosure
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Requesting airport alerts or passport watch lists through the Children’s Passport Issuance Alert Program (CPIAP)
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Working with TSA and Homeland Security to block flight departures involving abducted or at-risk children
If your child is at risk of being removed from the United States, the time to act is now. Courts can act quickly when you can show credible risk, and we are prepared to file those motions on an emergency basis.
Working with International Courts and Foreign Governments
​International abduction cases require collaboration between multiple agencies, courts, and government bodies. Our firm has successfully coordinated efforts with:
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The U.S. Department of State
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U.S. embassies and consulates
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Interpol and foreign law enforcement
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Family law attorneys in foreign jurisdictions
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Immigration and border authorities at home and abroad
We help build a unified legal strategy that balances U.S. and foreign court procedures, while aggressively asserting your rights under U.S. law. In many cases, we also help defend parents accused of unlawful international removal when circumstances involved domestic violence, safety concerns, or incomplete custody orders.
Our Experience with International Abduction and Recovery Cases
At Chicago Family Attorneys, LLC, we bring the depth of experience needed for the most difficult child abduction cases. We have assisted parents whose children were taken to Europe, Latin America, the Middle East, and Southeast Asia. Our team has successfully worked across time zones, languages, and jurisdictions to build custom recovery strategies and coordinate with government officials at the highest levels.
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Our international abduction work includes:
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Filing emergency motions in Illinois courts to prevent international departure
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Coordinating with federal agents to intercept abducting parents at airports
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Preparing Hague return petitions supported by evidence and expert declarations
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Providing guidance to foreign legal teams while maintaining full command of the U.S. custody case
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Helping parents recover lawful custody after years of unlawful international retention
No case is too complex or too far away. If your child has been taken out of the country or you believe there is a risk of international abduction, contact our office immediately. We have the tools, relationships, and legal knowledge to act fast and do everything possible to bring your child home.
Preventing Parental Child Abduction Before It Happens
It’s not easy to imagine that the person you once shared a life and a child with might take that child without permission. But for many families caught in high-conflict divorces or custody disputes, parental abduction is a real and growing risk. These cases are not limited to strangers or sensational headlines—they often involve a parent who believes they are acting in their child’s best interests, but does so by violating a custody order or removing the child without consent.
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At Chicago Family Attorneys, LLC, we believe that the best way to handle child abduction is to prevent it. Our attorneys work closely with parents who are concerned about potential interference, concealment, or unauthorized relocation. Whether your custody case is just beginning or you are facing serious red flags, we help you take control of the situation before it becomes a crisis.
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Recognizing the Warning Signs of Parental Abduction
In our experience, parents rarely take a child without warning. The signs of potential abduction include subtle shifts in communication, small actions that violate trust, or sudden changes in behavior that raise concern.
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Common warning signs include:
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A parent unexpectedly discussing plans to move out of state or country
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Secret attempts to apply for a child’s passport or renew travel documents
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A child making vague or confused statements about leaving or “starting over”
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One parent cutting off communication with the other after parenting exchanges
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Changes in employment, housing, or immigration status that indicate a parent may be preparing to relocate
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Disputes about school registration or medical care that suggest an effort to unilaterally control the child’s life
These behaviors may not constitute abduction on their own, but together they often signal that a parent is preparing to act without the other’s knowledge or consent. If your instincts tell you something is wrong, do not wait. Early legal intervention can prevent long-term emotional harm, financial stress, and complicated court proceedings later.
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Using Court Orders and Parenting Plans to Minimize Risk
One of the most effective tools we use to prevent child abduction is a clear, enforceable parenting judgment. A vague parenting plan—or one with few restrictions—can leave too much room for manipulation or misinterpretation. Our attorneys help parents secure court orders that define responsibilities and reduce opportunities for concealment or removal.
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Preventive clauses often include:
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Detailed parenting time schedules with fixed dates, locations, and exchange procedures
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Travel restrictions that require written consent before leaving Illinois or crossing state lines
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Mandatory disclosures of all travel plans, including flight details and accommodation information
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Prohibitions on applying for passports or international travel without prior judicial approval
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Limitations on where a parent can take the child overnight, especially when living in different counties or states
We also assist with post-judgment modifications for parents whose current orders are too flexible or outdated. In many cases, updated terms are the key to protecting a child from being moved or hidden by the other parent.
Keywords: custody travel restrictions Illinois, court orders to prevent child removal, parenting plan travel clauses, parenting agreement abduction prevention
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Restricting International Travel and Passport Access
When international abduction is a risk, time becomes critical. Whether the concern is due to dual citizenship, foreign family ties, or a parent’s plans to move abroad, we move fast to limit the ability to travel unlawfully with a child.
One of the most powerful tools is the Children’s Passport Issuance Alert Program (CPIAP) through the U.S. Department of State. When a child is enrolled, the Department alerts the parent or guardian if someone tries to apply for a passport without legal authority.
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In addition to CPIAP, we help parents:
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Obtain court orders requiring the surrender of the child’s current passport
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Request that no new passport be issued without written consent or a court’s permission
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File emergency motions to block foreign travel or secure temporary custody
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Request travel bond conditions to make unauthorized departure financially risky
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Coordinate with TSA, Homeland Security, and the FBI when a credible risk of international removal exists
In some cases, we have worked directly with airport security and border agents to stop parents who were minutes away from boarding an international flight. When your child’s safety is on the line, there is no time to second-guess your legal options.
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Emergency Orders to Prevent Abduction or Concealment
Emergency Orders should be filed when the other parent is making threats, has failed to return the child, or is in active violation of your parenting order.
Illinois courts allow parents to request emergency relief through:
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Temporary restraining orders blocking removal from the state
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Emergency custody petitions to suspend parenting time
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Orders for supervised visitation or third-party exchanges
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Emergency injunctions preventing international or out-of-state travel
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Child recovery orders authorizing police or sheriffs to retrieve a child being unlawfully withheld
We work with speed and precision to draft affidavits, submit emergency pleadings, and appear in court as quickly as possible, often the same day you call. These orders give you the ability to act before the child is moved beyond your reach.
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What to Do If You Suspect the Other Parent Is Preparing to Leave
If you suspect that your co-parent is preparing to take your child without permission, you do not need to wait for the worst to happen. The courts do not require you to prove that an abduction has already taken place. A credible threat, coupled with specific evidence, is enough to justify legal action.
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We encourage you to take the following steps:
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Document all concerning behavior, including text messages, voicemails, and changes in routine
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Maintain records of travel inquiries, passport discussions, and any past violations of the parenting plan
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Call our office to review the facts and determine whether emergency relief is available
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Avoid direct confrontation with the other parent, which could escalate risk
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Keep copies of your custody order readily available for law enforcement, school officials, and medical providers
We can often secure temporary travel restrictions, enforcement of supervised exchanges, or even emergency custody orders in an expedited manner for our clients.
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Our Preventive Approach Gives You Legal and Emotional Peace of Mind
At Chicago Family Attorneys, LLC, we don’t believe in waiting for a worst-case scenario. Our team is proactive, detail-oriented, and focused on preventing harm before it happens. We listen carefully to your concerns and take them seriously because we know that even the smallest signs can sometimes lead to major legal consequences if ignored.
Whether your concern is based on a credible threat, a pattern of past behavior, or just a shift in how your co-parent is communicating, we help you build a plan. Our approach involves court-tested strategies, real-time response, and protection built into every custody order.
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We aim not only to secure your legal position but to give you back a sense of control. Because nothing matters more than knowing your child is safe—and that you’ve taken every step to keep it that way.
We Can Return Abducted Children in Illinois Cases
When your child has been taken or is at risk of being abducted by the other parent, there is no room for hesitation. You need a legal team that can act quickly, think strategically, and fight relentlessly to bring your child home. At Chicago Family Attorneys, LLC, we do more than file court paperwork, we coordinate across jurisdictions, navigate federal procedures, and use every legal tool available to locate and recover children.
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Our firm has built a reputation for taking on some of the most urgent and high-stakes child abduction cases in Illinois. We understand that these cases are not only legally complex but emotionally devastating. That is why we combine aggressive legal advocacy with clear communication, compassion, and a personalized approach that gives parents confidence during one of the most difficult times in their lives.
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Our Experience with Federal and International Law Enforcement
Parental abduction often crosses county, state, or even international borders. These are not issues that can be resolved with a simple phone call or standard motion. Our attorneys are experienced in coordinating with federal agencies and law enforcement nationwide to ensure custody orders are enforced and children are safely recovered.
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We have worked directly with the Federal Bureau of Investigation, U.S. Department of Homeland Security, and Transportation Security Administration in cases where a parent attempted to remove a child from Illinois without authorization. Our legal team knows how to engage with child recovery units, issue subpoenas and warrants in support of custody enforcement, and provide law enforcement with court-certified orders and legal affidavits that meet evidentiary standards.
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In international cases, we have assisted clients in filing return petitions under the Hague Convention on the Civil Aspects of International Child Abduction and worked closely with the U.S. Department of State, foreign consulates, and international central authorities to locate and recover abducted children.
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We understand that when a child is taken across borders, time is critical. We do not waste it. Instead, we send our attorneys to work with local law enforcement, we work with courts internationally, as well as locally, and we ensure that your child's safety is of the top priority.
We Use Advanced Tools to Help Locate Children
Recovery begins with knowing where a child is. Our firm has invested in and utilized advanced investigative tools to support clients in locating children who have been taken to unknown locations. This includes:
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Working with private investigators in other states or countries
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Using public records and skip-tracing databases to locate hidden addresses
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Filing discovery motions to obtain financial, travel, and digital communication records
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Subpoenaing school, healthcare, and airline records for leads on the child’s location
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Coordinating with local authorities in multiple jurisdictions to physically locate and secure the child
We know how to use our skills and legal knowledge and we have the resources to return your children legally, quickly, and effectively.
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We Have a High Success Rate in Recovering Abducted Children
Over the years, our firm has successfully helped many parents recover their children after unlawful removals, out-of-state concealment, and international abduction. Whether the other parent fled the state during a custody battle, violated a court order by leaving the country, or concealed the child for weeks, we’ve brought children home.
We don’t just understand the law, we understand how to use it in real time. That means drafting and filing emergency motions the same day, appearing before judges on short notice, and coordinating across agencies and jurisdictions to get results.
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Our success is rooted in:
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Legal precision in jurisdictional filings and emergency petitions
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Strategic use of both civil and criminal enforcement mechanisms
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Consistent communication with law enforcement, courts, and government agencies
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Our unwavering focus on the child’s safety and the parent’s rights
Each case is unique, but the outcome we fight for is always the same: the safe and lawful return of your child. Our family law firm works to ensure that you have peace of mind knowing your child will be returned safely to you.
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We Act Quickly, We Stay Involved, and We Do Not Back Down
When you hire Chicago Family Attorneys, LLC, you get a team that takes your case seriously from the very first call. We do not wait for things to get worse, we take immediate steps to protect your child, assert jurisdiction, and shut down unlawful relocation or concealment efforts.
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Our attorneys are experienced in:
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Filing emergency custody orders in Cook County and surrounding circuits
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Challenging unlawful custody filings in other states
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Enforcing Illinois orders through the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
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Responding to international abduction risks through the Hague Convention and diplomatic coordination
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Guiding parents through each step, from filing to enforcement, with clarity and compassion
You will never be left wondering what is happening with your case. We maintain clear, regular communication and work with you to build a legal strategy that is customized to your family’s needs.
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You Deserve a Legal Team That Knows How to Protect Your Family
Parental abduction cases are deeply personal, and they can become legally complex very quickly. Whether you are dealing with an unreturned child after visitation, a parent who has fled the state, or the threat of international relocation, we are here to help.
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At Chicago Family Attorneys, LLC, we combine courtroom skill with tactical intelligence, giving you not only legal representation, but peace of mind.
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If you are worried that the other parent may take your child or has already violated a custody order, do not wait. Call us today at (312) 971-2581 or schedule a free consultation with one of our attorneys. The sooner we act, the more we can do to protect your child.
Frequently Asked Questions (FAQs) About Parental Child Abduction in Illinois
Can a parent be charged with kidnapping their own child in Illinois?
Yes. Under Illinois law, a parent can be charged with child abduction if they knowingly take or keep a child in violation of a court-ordered parenting plan or custody judgment. This includes refusing to return the child after visitation, hiding the child’s location, or taking the child out of state without permission. These actions may result in felony charges, loss of custody rights, and other serious legal consequences.
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What should I do if the other parent refuses to return our child after visitation?
If the other parent fails to return your child according to your custody order, you should immediately contact an attorney. Depending on the circumstances, you may be able to file an emergency motion for the child’s return or seek to temporarily suspend the other parent’s parenting time. You may also need to involve law enforcement or request a child recovery order through the court.
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How quickly can I get emergency custody if my child has been taken or withheld?
In Cook County, emergency custody motions can often be filed and heard within 24 to 48 hours. If your child has been unlawfully withheld, concealed, or taken across state lines, a judge may issue an emergency custody order or return directive based on the urgency and potential harm to the child. Our firm can typically prepare these filings the same day.
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Can I involve the police if the other parent is violating a custody order?
Yes, but the police usually require a certified court order that clearly outlines parenting time, exchange locations, and return requirements. If you have such an order and the other parent is not complying, law enforcement may intervene, conduct a welfare check, or assist with child recovery. If police decline to act, you may need a court-issued enforcement or child recovery order.
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How do I stop the other parent from moving out of state with our child?
If you have a custody order in place, the other parent cannot relocate outside of Illinois or beyond a specific distance without first providing notice and receiving court approval. If they attempt to move without following these procedures, you can file an objection with the court and seek an emergency order requiring the child’s return.
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What if the other parent took our child to another state and filed for custody there?
If Illinois is the child’s home state, you may file a motion under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) to assert Illinois jurisdiction and have the out-of-state case dismissed. Our firm routinely handles these types of jurisdictional disputes and can coordinate with other states to enforce Illinois orders.
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Can I get help if the other parent took my child out of the country?
Yes. If your child was taken to another country without your consent or in violation of a custody order, you may be able to initiate legal proceedings through the Hague Convention. This international treaty allows for the prompt return of abducted children to their country of habitual residence. Our firm can assist with preparing the necessary petitions and coordinating with federal and international authorities.
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What can I do to prevent international child abduction before it happens?
You can request court orders that prohibit international travel without prior approval, enroll your child in the Children’s Passport Issuance Alert Program (CPIAP), or seek to have the child’s passport surrendered. If there is an immediate risk, emergency motions can be filed to block travel or impose supervised parenting time.
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What agencies do you work with in parental abduction cases?
We have experience working with the FBI, Homeland Security, TSA, the U.S. Department of State, Interpol, and local police departments across the country. We also collaborate with family courts in other states and international authorities when necessary to locate and recover abducted children.
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How successful is your firm in recovering abducted children?
Chicago Family Attorneys, LLC has a strong track record of locating and recovering children who were taken across state lines or internationally. We combine legal strategy with fast action and coordinate with law enforcement and federal agencies to secure the child’s return. Our attorneys have resolved cases involving both domestic and international abduction and consistently help parents restore lawful custody.