Canyon County, Idaho – A mother who trusted that her custody order from Clark County Nevada would be safeguarded by the judicial system when her ex-husband relocated to Idaho only to find herself in the biggest legal battle of her life. Unfortunately, she had to endure legal proceedings by her ex-husband in Canyon County in July of 2023 when her ex-husband, Joshua Pastrama of Meridian, Idaho sued her for full custody because she refused to sign paperwork that would allow him to travel internationally with their two minors.
The mother found that her ex-husband had illegally obtained a passport for one of their two children by forging her signature. “There was zero reason for us to be back in courtroom. I asked numerous times why a passport was needed and where they would be traveling yet, my ex-husband uses the court system to cause unnecessary emotional and financial distress on me each and every year since our divorce was finalized in 2017.”
She is calling for immediate criminal action to address severe custodial interference that has resulted in the unlawful withholding of her children by the other parent. Despite having legal custody and visitation rights, the parent has faced prolonged separation from their children, ages twelve (12) and nine (9) due to delays in court proceedings.
Personal Plea for Immediate Action
“My children have been unlawfully withheld by their father for almost seven months and the prolonged court process is causing unimaginable distress for both me and my boys,” said Rachel Pastrama. “I am pleading with the community and our legal system to take swift criminal action to ensure I can see my children again and protect their well-being.”
Understanding Custodial Interference in Idaho
Custodial interference in Idaho is defined under Idaho Code § 18-4506 as taking, enticing away, keeping, or withholding a child from a parent or institution with lawful custody rights. It is a criminal offense that can be classified as either a felony or a misdemeanor, depending on the circumstances
Legal Remedies and Challenges
Parents experiencing custodial interference can pursue several legal remedies, including:
Filing for Emergency Court Orders: Parents can seek emergency orders to enforce custody and visitation rights swiftly.
Seeking Law Enforcement Assistance: With a court order in place, police can help ensure the child is returned to the lawful custodian.
Pursuing Criminal Charges: Filing criminal charges against the interfering parent can lead to prosecution and reinforce the importance of adhering to custody orders 12.
Despite these remedies, the delays in court proceedings can exacerbate the distress caused by custodial interference. “The legal process is taking too long, and every day away from my children is a day of emotional pain and uncertainty,” Rachel Pastrama added.
Recommendations for Legal System Improvements
To better protect parents and children in custodial disputes, the following improvements are recommended:
Increased Training for Law Enforcement: Ensuring officers are well-versed in custodial interference to improve enforcement of custody orders.
Streamlined Legal Processes: Simplifying the process for obtaining emergency custody orders and modifications to respond more effectively to custodial interference.
Enhanced Support Services: Providing comprehensive support services, including legal aid and counseling, for parents dealing with custodial interference
Call to Action
The parent is urging local authorities, law enforcement, and the community to take immediate action:
Law Enforcement: To prioritize the enforcement of custody orders and take criminal action against custodial interference.
Courts: To expedite cases involving custodial interference to minimize the emotional impact on children and parents.
Community: To raise awareness and support parents facing similar challenges.
Available Resources and Support
Several organizations and resources can provide support and guidance to parents dealing with custodial interference:
Idaho Legal Aid Services: Offers free legal assistance to low-income individuals dealing with custody disputes.
National Center for Missing & Exploited Children: Provides resources and support for parents whose children are unlawfully withheld.
Court Assistance Office: Offers workshops and resources to help parents understand and navigate the legal process for custody and child support cases 2.
Conclusion
Custodial interference is a critical issue that requires immediate attention and action. By understanding the legal options and advocating for quicker and more effective responses, parents can work towards reuniting with their children and protecting their rights.
“I am committed to fighting for my children and ensuring that no other parent has to endure the pain of prolonged separation due to custodial interference. Together, we can make a difference,” said Rachel Pastrama.
For further information, please contact:
Rachel Pastrama
925-259-7770
ninapastra@gmail.com
References:
Idaho Code § 18-4506 – Child Custody Interference. [Idaho Legislature].
Legal guidelines and practices on custodial interference. [Schofield and Young].
About:
This press release aims to bring attention to a critical issue affecting families in Canyon County and Ada County and to advocate for swift legal action to protect the rights of parents and children. Your support and coverage can make a significant impact.
