Found Safe AZ - Amy Harshbarger, 40, and two sons, 13 & 7, Tempe, Arrest Warrant, 13 Aug 2021 *Mom arrested*

[10ofRods]

Maybe this has been asked already... would she be arrested for kidnapping her youngest child??? she isn't just missing but breaking the law. Correct?

A parent cannot be charged with kidnapping their own child, unless the court has ordered sole physical custody to the other parent (which is not the case here, right?)

She's not breaking the law unless there's a court order, which I believe would be in the article.

Looks like she missed her court hearing - and is in violation of the 50/50 order (but AZ probably treats that as a civil matter...)

Still, sounds like she'll surface in Alabama.

Hopes and prayers going out, @STR3TCH1982.

 

[everybodhi]

A parent cannot be charged with kidnapping their own child, unless the court has ordered sole physical custody to the other parent (which is not the case here, right?)

She's not breaking the law unless there's a court order, which I believe would be in the article.

Looks like she missed her court hearing - and is in violation of the 50/50 order (but AZ probably treats that as a civil matter...)

Still, sounds like she'll surface in Alabama.

Hopes and prayers going out, @STR3TCH1982.

It was all a civil matter in family court until the State of AZ filed a criminal charge and warrant against Amy on Sept 3, 2021.
Criminal Court Case Information - Case History

 

[10ofRods]

It was all a civil matter in family court until the State of AZ filed a criminal charge and warrant against Amy on Sept 3, 2021.
Criminal Court Case Information - Case History

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Ah - well, good for them. Sounds like that emergency hearing worked on behalf of the kids.

This is one of those cases where it would be great to be in contact with trucker communities that spread wanted posters with pictures. I also hope that Garrett gets a chance to let someone know where they are.

 

[whatsnext]

Ah - well, good for them. Sounds like that emergency hearing worked on behalf of the kids.

This is one of those cases where it would be great to be in contact with trucker communities that spread wanted posters with pictures. I also hope that Garrett gets a chance to let someone know where they are.

That's a great idea with the trucker communities, maybe @chihuahua could help.
Praying that they'll be found soon and safe.

 

[bykerladi]

Actually a parent CAN be charged with kidnapping, if they fail to turn over the child to the other parent according to the custody order. EVEN if the custody is 50/50.

 

[samsmom]

I thought by now they’d have located this family.
Is the ex posting here still? Any updates?

 

[STR3TCH1982]

I thought by now they’d have located this family.
Is the ex posting here still? Any updates?

Nothing new to report right now, I’ve been talking to a lot of our old mutual friends but everyone I’ve spoken with hasn’t heard from her since our custody battle.

 

[everybodhi]

Nothing new to report right now, I’ve been talking to a lot of our old mutual friends but everyone I’ve spoken with hasn’t heard from her since our custody battle.

I'm so sorry you have to go through the trauma of wondering where your son may be and if he is safe.
I hope whoever does know where she is does the right thing and speaks up soon.
I think she has people helping her hide but that is often how these things get solved, looking at family or friends that may be involved.
It's a criminal case now so that changes things for her accomplices.

 

[STR3TCH1982]

I'm so sorry you have to go through the trauma of wondering where your son may be and if he is safe.
I hope whoever does know where she is does the right thing and speaks up soon.
I think she has people helping her hide but that is often how these things get solved, looking at family or friends that may be involved.
It's a criminal case now so that changes things for her accomplices.

I hope so too, I can’t imagine what is going through Garrett and Miles heads right now. It’s definitely been stressful, more so on my wife than I. She’s a very empathetic person and we have 4 kids of our own, so things like missing children really get to her. My thoughts are with Shawn, I went through it years ago but this is much worse than a custody battle over a toddler. You feel powerless and alone, no matter how much support you have from friends and family.

 

[everybodhi]

I hope so too, I can’t imagine what is going through Garrett and Miles heads right now. It’s definitely been stressful, more so on my wife than I. She’s a very empathetic person and we have 4 kids of our own, so things like missing children really get to her. My thoughts are with Shawn, I went through it years ago but this is much worse than a custody battle over a toddler. You feel powerless and alone, no matter how much support you have from friends and family.

Yes, feeling powerless and alone is the very nature of trauma.
I can't even imagine what Amy thought such extreme actions would accomplish.

 

[iamnotagolem]

I’ve lost hope that the boys aren’t aware of what’s going on. Surely she took their phones from them which probably makes them upset and confused and alone.

I hope they are found soon and safe. I thought they’d be located by now.

 

[10ofRods]

Actually a parent CAN be charged with kidnapping, if they fail to turn over the child to the other parent according to the custody order. EVEN if the custody is 50/50.

Yes - I originally thought the custody order hadn't been modified. Where I live, the initial charge would not be kidnapping (California). I guess it's different in AZ.

Here where I live, it's considered contempt of court which is in fact a misdemeanor. Unfortunately, not a lot of LE goes into tracking down people who are evading court with one misdemeanor (if they decide to move or flee). Don't know about AZ, but guessing it's the same (or worse) than here in Cali.

But if the concealment of the child is an intentional ongoing act, then it can be filed as a felony (kidnapping). Since it appears she missed the court date where this was decided, her attorneys would say it was not intentional and at the time she left AZ, she may still have had custody. Wasn't that last decision in absentia?

IOW, we can't expect lots of LE to be on top of this case across several states - a BOLO is appropriate, but a full on FBI interstate search is unlikely at this time. At least she's been charged. On Sept 13 (but she left on Aug 13...so at that time she still had full custody, right?)

 

[STR3TCH1982]

Yes - I originally thought the custody order hadn't been modified. Where I live, the initial charge would not be kidnapping (California). I guess it's different in AZ.

Here where I live, it's considered contempt of court which is in fact a misdemeanor. Unfortunately, not a lot of LE goes into tracking down people who are evading court with one misdemeanor (if they decide to move or flee). Don't know about AZ, but guessing it's the same (or worse) than here in Cali.

But if the concealment of the child is an intentional ongoing act, then it can be filed as a felony (kidnapping). Since it appears she missed the court date where this was decided, her attorneys would say it was not intentional and at the time she left AZ, she may still have had custody. Wasn't that last decision in absentia?

IOW, we can't expect lots of LE to be on top of this case across several states - a BOLO is appropriate, but a full on FBI interstate search is unlikely at this time. At least she's been charged. On Sept 13 (but she left on Aug 13...so at that time she still had full custody, right?)

She has full custody of Garrett, 50/50 with Miles and Miles father was granted decision making. Her disappearance was during her parenting time, and only discovered by Miles father when he went to pick him up from school. Legally she’s done nothing wrong with Garrett.

edit: spelling

 

[samsmom]

Hi STR3TCH1982,

thanks for checking in. I was hoping there was some good news for you. This is my only place for missing people updates so I haven’t checked anywhere else.

Do you know if there has been account activity? I wonder if Law Enforcement (LE) knows more than they are telling you.

Glad to hear that you have support and are there for your wife and other kids.

 

[10ofRods]

She has full custody of Garrett, 50/50 with Miles and Miles father was granted decision making. Her disappearance was during her parenting time, and only discovered by Miles father when he went to pick him up from school. Legally she’s done nothing wrong with Garrett.

edit: spelling

Do you know when the 50/50 became an order of the court?

It seems to me that if TN was her ultimate destination, she's there by now. Do we know what part of TN she might have been headed for?

 

[STR3TCH1982]

Do you know when the 50/50 became an order of the court?

It seems to me that if TN was her ultimate destination, she's there by now. Do we know what part of TN she might have been headed for?

I don’t know the full timeline of Shawn’s custody battle. I also don’t know anything about a TN connection, the detective asked me about it but didn’t sound convinced it was worth pursuing. There is much I don’t know, I check in here every day to see if anything new has come up. This thread is where I found out that there was a warrant issued. I’m operating mostly in the dark, I’m just trying to set things up legally at this point to ensure Garrett does not go into a foster care situation should she be convicted of a crime that carries jail time. The ultimate goal is the safety and well being of these children.
Edit: formatting

 

[STR3TCH1982]

I’ve lost hope that the boys aren’t aware of what’s going on. Surely she took their phones from them which probably makes them upset and confused and alone.

I hope they are found soon and safe. I thought they’d be located by now.

Knowing her, the boys probably don’t have access to the internet or phones.

 

[momsof3]

I’m just trying to set things up legally at this point to ensure Garrett does not go into a foster care situation should she be convicted of a crime that carries jail time. The ultimate goal is the safety and well being of these children.
Edit: formatting

You are a good and smart parent. I can’t see this ending up with a situation where she retains custody - I’m so glad not boys have dads out there making sure these boys have family to go to!

 

[WillieMac]

I don’t know the full timeline of Shawn’s custody battle. I also don’t know anything about a TN connection, the detective asked me about it but didn’t sound convinced it was worth pursuing. There is much I don’t know, I check in here every day to see if anything new has come up. This thread is where I found out that there was a warrant issued. I’m operating mostly in the dark, I’m just trying to set things up legally at this point to ensure Garrett does not go into a foster care situation should she be convicted of a crime that carries jail time. The ultimate goal is the safety and well being of these children.
Edit: formatting

I've been curious from the beginning about the statement from LE saying her intended destination may be TN. Just from details shared here, it seems like Alabama could have some ties for her though. And I believe that's where the last reported sighting of her was. The fact that they haven't been spotted again makes me think they're either in a different vehicle than LE thinks they're in, maybe she's swapped the plates with those of another vehicle of the same/similar make & model, or that they've already arrived wherever she wanted to go and they're already (hopefully just) "hunkered down" and not spending much time in the public eye. I hope they're found soon (as I'm sure we all do)!

 

[LotusPawprint]

Thinking about the boys.

From the Maricopa County Sheriff's Office website through Warrant Lookup, this is confirming that the warrant is, in fact, for kidnapping (the previous info we had was through Maricopa County Courts and did not list kidnapping, though we assumed as much).

Hoping that Amy has a reckoning and realizes a life on the run is not the way to raise the kids. It will take a lot of work and healing to get into a healthy space, but the boys are worth it and deserve a stable, full, safe life.