I can’t speak to what the law is in all jurisdictions, but I can speak to what the law is in Utah on this subject based upon my experience and knowledge of being licensed as a divorce and family lawyer in Utah.
The reason the police will not help enforce your custodial rights when they are being violated is because the police do not want to, but that makes the police sound lazy and incompetent, so they lie by telling you there is nothing they can do “because this is a civil matter.” They’re lying, however, because “this is a civil matter” is not the whole truth.
Withholding a child from the custodial parent at the end of parent-time or withholding a child from a parent to prevent the exercise of parent-time may also constitute the crime of unlawful detention of a minor.
Violation of the custody and parent time order can be punished civilly through a motion to hold the offending parent in contempt of court and to be sanctioned in contempt (that’s all done through civil court proceedings). But interfering with one’s custodial or parent time rights is not solely a civil matter. It is also a crime in Utah; specifically this crime.
Next time a police officer tells you that custodial interference (which includes both interfering with the exercise of custody and interfering with the exercise of parent-time), show him or her Section 76-5-303 (Custodial interference) and, if applicable, 76-5-304 Section (Unlawful detention and unlawful detention of a minor).
The Utah Code sections I’ve referred to are cited in full below, for your reference:
(the § symbol means “section,” and statutes in the Utah Code are referred to as “sections”)
§ 76-5-303. Custodial interference.
(1)
(a) As used in this section:
(i) “Child” means an individual under 18 years old.
(ii) “Custody” means court-ordered physical custody entered by a court of competent jurisdiction.
(iii) “Visitation” means court-ordered parent-time or visitation entered by a court of competent jurisdiction.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor who is entitled to custody of a child commits custodial interference if, during a period of time when another individual is entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from the individual entitled to visitation of the child, with the intent to interfere with the visitation of the child.
(b) An actor who is entitled to visitation of a child commits custodial interference if, during a period of time when the individual is not entitled to visitation of the child, the actor takes, entices, conceals, detains, or withholds the child from an individual who is entitled to custody of the child, with the intent to interfere with the custody of the child.
(3)
(a) A violation of Subsection (2) is a class B misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A misdemeanor if the actor:
(i) commits custodial interference; and
(ii) has been convicted of custodial interference at least twice in the two-year period immediately preceding the day on which the commission of custodial interference described in Subsection (3)(b)(i) occurs.
(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a felony of the third degree if, during the course of the custodial interference, the actor removes, causes the removal, or directs the removal of the child from the state.
(4) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative defense to the crime of custodial interference that:
(a) the action is consented to by the individual whose custody or visitation of the child was interfered with; or
(b)
(i) the action is based on a reasonable belief that the action is necessary to protect a child from abuse, including sexual abuse; and
(ii) before engaging in the action, the actor reports the actor’s intention to engage in the action, and the basis for the belief described in Subsection (4)(b)(i), to the Division of Child and Family Services or law enforcement.
Withholding a child from the custodial parent at the end of parent-time or withholding a child from a parent to prevent the exercise of parent-time may also constitute the crime of unlawful detention of a minor:
§ 76-5-304. Unlawful detention and unlawful detention of a minor.
(1)
(a) As used in this section:
(i) Acting “against the will of an individual” includes acting without the consent of the legal guardian, caretaker, or custodian of an individual who is:
(A) a dependent adult; or
(B) a minor who is 14 or 15 years old.
(ii) “Dependent adult” means the same as that term is defined in Section 76-5-111.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits unlawful detention if the actor intentionally or knowingly, without authority of law, and against the will of an individual, detains or restrains the individual.
(b) An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an unreasonable period of time under the circumstances.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) If the conduct of the actor amounts to a violation under one of the following, the actor shall be charged with the violation and not under Subsection (2)(a) or (2)(b):
(a) kidnapping, as described in Section 76-5-301; or
(b) child kidnapping, as described in Section 76-5-301.1.
BONUS:
If one commits custodial interference, he/she must give notice of it in compliance with Utah Code § 76-5-303.5.
§ 76-5-303.5. Notification of conviction of custodial interference.
(1) As used in this section:
(a)
(i) “Convicted” means a conviction by plea or verdict or adjudication in juvenile court of a crime or offense.
(ii) “Convicted” includes:
(A) a plea of guilty or guilty with a mental condition;
(B) a plea of no contest; and
(C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) If an individual is convicted of custodial interference under Section 76-5-303, the court shall notify the Driver License Division, created in Section 53-3-103, of the conviction, and whether the conviction is for:
(a) a class B misdemeanor, under Subsection 76-5-303(3)(a);
(b) a class A misdemeanor, under Subsection 76-5-303(3)(b); or
(c) a felony, under Subsection 76-5-303(3)(c).
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