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Committee considers tougher penalties for removing or withholding children in violation of custody orders
Summary
Senate Bill 2186, introduced to expand penalties for taking or withholding a child in breach of a custody decree, drew emotional support from parents and survivors and pushback from witnesses who warned the bill could criminalize parents who provide safety to children or be used vindictively without clearer time limits.
Senate Bill 2186, which would expand criminal penalties for removing or withholding a child in violation of a custody decree, drew sharply divided testimony at a Senate Judiciary Committee hearing.
Senator David Clemens introduced the bill, saying it would amend current law to cover detaining a child within North Dakota in violation of a custody decree and would remove the existing 72‑hour limit on the offense. Under the bill, Clemens said the first two offenses would be class A misdemeanors and the third a class C felony.
Supporters—many of them parents who described long separations and what they characterized as parental alienation—urged the committee to approve the measure. Todd Peterson and several other witnesses said current law offers little practical tool…
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