The mother accused of breaking the law by taking her 2-year-old boy and prompting an Amber Alert to be issued this week is set to appear in court on that case later this month.
Kelsey Hannah has been summoned for an Aug. 29 hearing in Miamisburg Municipal Court, records show.
RELATED: Amber Alert issued out of Miamisburg for 2-year-old
Miamisburg police said the summons was issued Wednesday after the 30-year-old mother of Atticus Phillips turned herself in with the boy after an arrest warrant was issued. On Monday, she was charged with interference with custody, according to court records.
Hannah has no criminal record other than a few minor traffic citations.
An Amber Alert regarding Hannah and the boy was issued on Wednesday afternoon, but it was later changed to an Endangered Missing Child Advisory, authorities said.
The case against Hannah follows a series of events in recent days that ended with her showing up at the Miamisburg Police Department with the boy Wednesday night, according to Detective Sgt. Jeff Muncy.
According to court documents, a Warren County judge had ordered custody of the boy to be transferred to his uncle.
“Mom failed to do that,” Muncy said.
Tuesday, a court order was issued stating that there was an “imminent risk of harm” to Atticus if Hannah was caring for him and she was again ordered to give up custody.
Police said she ignored that order too.
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On Wednesday police said they could not find Hannah or Atticus, so they asked prosecutors to approve criminal charges and issued a regional Amber Alert.
“The wording the judge had put in their court order was the child was at risk,” Muncy said. “So that’s why an Amber Alert was issued.”
According to the U.S. Department of Justice, one of the reasons an Amber Alert can be issued is if an agency believes the child is in imminent danger.
It appears that criterion was met Wednesday.
“It takes a little doing,” said Patrick Oliver, former Fairborn police chief. “You don’t want to issue an Amber Alert every time they think their child is missing. So there’s a process and that process is not easy.”
However, there are still some discrepancies in the case.
Miamisburg police insisted Atticus was not abducted and said Hannah refused to give up custody of him and took off with the child against court orders.
The Montgomery County Sheriff’s Office’s regional dispatch sent a fax about the alert with the heading “Child Abduction Notification” and stated Atticus had been abducted from his family’s home Monday.
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