Family Law includes a wide range of topics: one of the most common is the handling of custody of property and dependents. Unfortunately, situations arise where a court order regarding the custody of a child (or children) is not followed by one or more parties. In the legal world we call this custody or custodial interference.

Can I Call the Cops if My Ex is Keeping the Kids from Me?

If your ex is refusing to return your children or won’t let you see them, you’re likely feeling frustrated, helpless, and unsure of your rights. At The Law Office of Nicole Daussin, Inc., we regularly receive calls from parents in this very situation, wondering whether they can involve the police to get their kids back.

The short answer: not usually—unless specific legal conditions are met.

What the Law Says

In Alaska, withholding a child from their lawful custodian is more than just a violation of a court order—it can be a criminal offense. Under Alaska Statutes AS 11.41.320 and AS 11.41.330, it’s considered custodial interference, which is also categorized as a crime of domestic violence.

• Custodial Interference in the Second Degree (AS 11.41.330) applies when a parent or relative intentionally keeps a child from their legal custodian without the right to do so.
• If the child is taken out of Alaska or kept outside the state, it escalates to Custodial Interference in the First Degree, a Class C felony.

That said, just because a crime may be occurring doesn’t mean the police will intervene immediately. Law enforcement typically avoids taking action in custody disputes unless there is a clear court order being violated or the child is in immediate danger.

When the Police Might Help

Police may step in under the following circumstances:

• There’s an existing custody order, and your ex is knowingly violating it, especially if the custody order is part of a domestic violence protective order.
• Your child is in imminent physical danger.
• Your ex has removed the child from the state without permission or in violation of your custody agreement.

In these cases, it’s important to act quickly—especially if there’s any indication your child may be harmed or unlawfully relocated.

Documentation Is Key

If you believe your custody rights are being violated, it’s critical to start documenting everything. Keep detailed records of missed visitations, text messages, emails, and any communication that shows interference or disregard for the court order. This information can serve as vital evidence if legal action becomes necessary. Judges often look favorably on parents who remain calm, keep thorough records, and act in the child’s best interest—even in emotionally charged situations.

What Not to Do

As difficult as it may be, avoid retaliatory actions. Do not attempt to withhold child support or take the child yourself outside of your scheduled time in response. While your frustration is valid, acting outside the law can damage your case and jeopardize your parental rights. Let the legal process work in your favor by staying on the right side of the law.

What You Should Do

At The Law Office of Nicole Daussin, Inc., we recommend contacting an attorney immediately in this situation.  

If there is no custody order yet, both parents may technically have equal rights to the child. In these cases, filing for custody through the court is your best course of action.

Don’t Go It Alone

Family disputes are difficult enough without the added stress of legal uncertainty. While criminal statutes like custodial interference exist to protect your rights, enforcement often requires navigating the court system first. We’re here to help you do that.

If you’re dealing with a custody dispute or believe your parenting rights are being violated, contact us today for a consultation. We’ll walk you through your legal options and work quickly to protect your relationship with your child.