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without the fathers permisson by the grandmother
the father was never asked nor notifide of the child leaving (child is 6) what legal prosses is needed to get her back to perth WA

2006-12-21 23:41:56 · 11 answers · asked by Anonymous in Politics & Government Law & Ethics

it is my daughter and she is not on vacation and there is no such thing a custody anymore

2006-12-21 23:46:09 · update #1

11 answers

Okay you added there is no such thing as custody anymore? That doesn't make sense. Even parents who aren't seperated have custody of their children, even without a custody agreement.
Parents are always considered to have custody. Unless some other ruling by the courts has been made.

Plain and simple unless she has guardianship of the child she has abducted the child, kidnapping period. Notify the police.

If she has guardianship and your parental rights have not been terminated and she is required by agreement to notify you of moving out of state then you will have to notify your attorney.

2006-12-22 00:44:23 · answer #1 · answered by Wicked Good 6 · 0 0

If it's not a temporary thing like a vacation and the father has joint custody it is an illegal act. It may be considered contempt of court depending on the divorce decree or custody agreement. In most states there is language that states that the father will be involved in all major decisions about the child's life. Additionally, some states even call out a custody schedule where the father gets the child so many days a month. If this is the case it's definitely contempt of court. Some states have a visitation enforcement branch as part of their clerk of court office. You would need to check with your local courthouse. However, what you will most likely have to do is hire a lawyer, have him/her review the case and file the contempt of court papers. Especially if your visitation is not possible because of long distances. A good lawyer will jump on this with both feet - of course after you pay.

2006-12-22 08:00:15 · answer #2 · answered by David B 5 · 1 0

Abduction. Get to the Sheriff immediately so as to have your court papers acted upon. They will contact the other state authorities and bring your daughter back. The grandmother will most likely be charged with abduction.

I wish you all well.

2006-12-22 07:46:20 · answer #3 · answered by D N 6 · 1 0

This is called "Interference with parental custody" it could also be kidnapping. Call the cops and they will get your daughter back. That is all you have to do.

2006-12-22 07:56:35 · answer #4 · answered by iloveeeyore 5 · 1 0

Thats kidnapping. you wil need an attourney then the police can do their job. May be traumatizing for the child though.

2006-12-22 07:53:14 · answer #5 · answered by JAMI E 5 · 1 0

Abduction? Kidnapping? If you're serious about this, you've already called the FBI, right?

2006-12-22 07:44:51 · answer #6 · answered by gabluesmanxlt 5 · 1 0

It's called kidnapping. Call the cops.

2006-12-22 07:45:31 · answer #7 · answered by Anonymous · 2 0

If the father doesn't have custody he can't do anything about it.

2006-12-22 07:44:18 · answer #8 · answered by redwidow 5 · 0 0

a vacation

2006-12-22 07:44:20 · answer #9 · answered by Wow! I have a pig nose! 4 · 0 1

GRAN larceny ??

2006-12-22 07:44:53 · answer #10 · answered by Anonymous · 1 0

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