Parental kidnapping usually involves a noncustodial parent running off with a child while visiting with the child. In such a case, the retention of the child is kidnapping because the parent has no right to continued custody of the child. Can a parent who has joint custody, with the other parent, of a child pursuant to a divorce decree be guilty of parental kidnapping? When and how?

Can someone, such as a second spouse, who helps the parent, be guilty of parental kidnapping? See State v. Froland, 874 A.2d 668 (N.J. 2005), review granted 899 A.2d 304 (2006). Do you agree with the court’s decision?