What should a court consider in a case of kidnapping regarding the parent's awareness?

In a case of kidnapping, the court must consider a range of factors that pertain to the circumstances and the consequences of the act itself, rather than focusing solely on the parent’s awareness or emotional state. The idea that the harm of separation should be considered, irrespective of awareness, aligns with the understanding that the primary concern in kidnapping cases is the wellbeing of the child and the potential psychological and physical effects of that separation.

This perspective recognizes that the trauma experienced by a child during and after abduction can be significant, regardless of the parent's knowledge or involvement in the situation. The legal standard often prioritizes the child's rights and protections, and it emphasizes the seriousness of any act that undermines those rights. As such, the harm caused to the child due to the abduction is a critical factor that courts need to evaluate in order to ensure that justice is served and that the child’s welfare is at the forefront of any legal considerations.