Need to understand clearance rules and not abiding by child custody

Hello I am concerned about someone I know who has a clearance and is not complying with the custody agreement set forth with his ex-spouse. He has actually kept their child Indefinitely and has not returned her to her mother. Her mother is the custodial parent. It seems there is no legal way to get the child back in the mother’s home because law enforcement can’t do anything, even showing the legal custody agreements and visitation schedule.

So I’m wondering how the mother can get her child back. She has a lawyer, however they are unfamiliar with clearances. It is approaching one year that he ‘took’ the child and he has breached a legal order.

  • Is there something that can be done to get him to comply since he has a clearance?
    *What code of conduct is he breaking? Can someone give direction on this?
  • How will it affect his clearance if he is going against a court ordered custody agreement for physical custody and the agreement for visitation?

Unless the former spouse (Subject) is breaking a law, oh, such as kidnapping or child endangerment, there is nothing to leverage the Subject’s clearance against them.

If the Subject’s behavior is not enough for the court or law enforcement to become involved, it will not be enough for the employer to become involved.

There is probably a lot more to the story but how you’ve presented the story it appears that “someone you know” is simply trying to blackmail or coerce their former spouse.

1 Like

It’s a complicated situation. If he is active duty military you can certainly contact the military command and they will become involved. Enforcement through the courts is the best way to remedy this but if they are residing in two different states and can get very difficult. If there is reason to believe the child is in an unsafe home (mother or father) someone should definitely call local child/social services and get them involved. A welfare check by social services could cause security clearance issues for the father or mother. Is father still paying court ordered child support to the mother? If so, is she receiving it and communicating with the father about financial needs of the child?