In every jurisdiction, Law Enforcement receives daily complaints from parents that a child has been taken, lured, or withheld by the other parent, in violation of the family court’s order. This is a third degree felony. Unfortunately, Law Enforcement will often err by dismissing the complaint and replying that it is a “civil matter” (to be reviewed by the family courts under Fla. Stat. 61.13). They may even erroneously say, “there is no probable cause” or “the state attorney’s office would never prosecute.” This not only denies the officer’s and prosecutor’s duties to investigate the crime described in Fla. Stat. 787.03, but it also implies that only the family court has jurisdiction. We believe this practice by law enforcement has harmed countless families..
Lend your support to these families by asking sheriffs and state attorneys to develop and implement guidelines and training for the enforcement of Fla. Stat. 787.03, and publish these guidelines on their office’s website.