2006-12-30 04:44:47 · 14 answers · asked by Kalenamaui 1 in Politics & Government ➔ Law Enforcement & Police
Both the father and I are the legal parents. He beat me up and when I was at the court filing a restraining order (which I have), he left the state before he could be served. I also have two police reports for DV against him. I know I should have filed sooner but I kept thinking things would get better. Please don't tell me how stupid I was.
2006-12-31 09:53:36 · update #1
No and its not just in Oregon in all the states if the other parent objects to the child leaving the state the parent wanting to take them will have to go to court and get an order saying they can do this without legal repercussions, i.e. custodial interference, endangering welfare, even kidnapping in extreme situations if the other parent wants to press charges.
2006-12-30 04:56:06 · answer #1 · answered by Anonymous · 3⤊ 0⤋
No! that would be considered kidnapping,even if it is your own child you have to tell the court that you are planning such a trip or tell the other parent,because if the other parent wants to they could fight you in court on this or have a reason for the court to deny you from leaving,it really depends on where you are going and how long,or if this is a vacation or an act of revenge. If you are going on a vacation and have an idea about when you will return then it might be considered ok! but before you go, make sure the court and the other parent is notified of your intentions, I dont know your circumstances but it would only be fair for the child,especially if this person is the natural parent of the child,think before you react,there could be some hard consequences to face if you dont.If there is violence or abuse from this person to your child contact your local children services and let them help you and get all the proof you can.Good-luck.
2006-12-30 05:05:27 · answer #2 · answered by lil frogger 2 · 1⤊ 1⤋
If there is a Court Order vis a vis the child and where he/she may or may not go - that rules.
Example: Technically - I can't remove my son from the eight Western New York counties without his father's permission - standard verbiage in all custody matters.
Reality - I've taken him all over the East Coast and his Dad has pretty much done the same. We just tell each other: " Oh, by the way, T's going to Philly next week-end."
I have custody but would not deny my son any opportunity to broaden his horizons - as long as his father is with him.
As he's gotten older - he's gone on school trips 4-5 States away.
If there's an Order - read it. If not - get one. If you are afraid for your child - call the FBI.
2006-12-30 05:45:44 · answer #3 · answered by 34th B.G. - USAAF 7 · 1⤊ 0⤋
Assuming this is a matter of divorced parents with a signed divorce decree with a standard child possession order in place, then here is the answer.
Custodial parents do not have more rights or powers over the children. This country deems that one parent must be the custodial parent for establishing residence and things of that nature. Each parent, though, still has equal rights to the children. Each parent has the right to know al education, health, and every other aspect of the child(ren)'s lives. They also have the right to know the whereabouts of the child at all times.
So, if the non-custodial parent, during his/ her visitation time, wishes to take the child out of state, the custodial parent has the right to know where they are going, but does not have any sort of "veto" power to not allow for the trip.
My ex is the PMC(Custodial Parent Term in TX). We have a possession order, which dictates the visitation schedule(granted we don't follow it as we live 3 minutes from each other). During the summer, I have the children for the month of July. If during that time, I decide to take a trip to Seattle for a week. I have to inform their mother where they will be. I do not however have to get her permission. Even if she disagrees with the trip, she has no say in the matter. The same is true vice versa. If she decides to take a trip anywhere, I must know where, and be able to get a hold of them if needed. I do not have any say on the trip itself though.
This covers many different things. My ex feels my oldest is old enough for a cell phone. I disagree with that. So, when my oldest is with her mother, she has a cell phone. When she is with me, the cell phone is taken, and she gets it back when she goes back to mom's house.
What needs to be remembered, unless extenuating circumstances exist, and are state in the possession order, each parent has equal rights to their children. No one parent is allowed to dictate how things are done with the children.
2006-12-30 05:48:02 · answer #4 · answered by ? 5 · 1⤊ 0⤋
Might depend on what the reason is. To MOVE - no. To vacation - maybe.
Not enough info to really give an answer. What type of custody do you have? What do your papers say?
Why can't you talk to the other parent? A child should have access to at least speak to both parents everyday.
Wouldn't YOU get pissed if the other parent took your child several states away without you knowing and without you being able to get in touch with them?
2006-12-30 05:27:08 · answer #5 · answered by Anonymous · 1⤊ 0⤋
OMG are they going to bring the child back or is this a kidnapping? If the parent took the child out of state for a day or two and brought that child back home at the agreed time then the question should be did the child have a good time? Let us know what happened
2006-12-30 04:54:28 · answer #6 · answered by Nani 5 · 2⤊ 0⤋
As long as the parent leaving state with the child has primary custody and it doesn't interfere with the non-custodial parents visitation in any way. Are you talking about moving wit the child, or going on vacation?
2006-12-30 06:41:34 · answer #7 · answered by JeffHardy4Eva 3 · 1⤊ 0⤋
It depends who has physical custodial custody and what the court order says. And if the parents are on good terms concerning visitation.
2006-12-30 05:00:04 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Depends For How Long. And If They Are The Childs Gaurdian.
2006-12-30 04:58:11 · answer #9 · answered by mks 7-15-02 6 · 0⤊ 1⤋
No if the parent that took the child doesn't have custudy it is considered kidnapping, and if they are caught they will go to jail. They should ask and to be on the safe side get it in writing leagaly to protect them selves.
2006-12-30 05:17:45 · answer #10 · answered by craftytrouble 2 · 2⤊ 1⤋