Last question of the night everyone- good night and see you tomorrow probably.
If two seperated parents have a custody/visitation agreement that gives the father only weekend visits, but the mother has stopped allowing those weekend visits so the father picks his own children up from school at the end of the week before she has a chance to stop it- should she be allowed to prosecute him for kidnapping?
Would you feel differently if the roles were reversed?
2007-01-11 16:44:00 · 27 answers · asked by Jennifer F 6 in Entertainment & Music ➔ Polls & Surveys
the father shouldn't take that route. He should get the visitation agreement enforced and not resort to anything that could be construed as unlawful.
goodnite for the nite.
2007-01-11 16:48:32 · answer #1 · answered by otisisstumpy 7 · 1⤊ 0⤋
If the father was AWARE of the mother's wishes to stop him from getting weekend visitation, then yes, I would say the father was in the wrong. If the mother had not made her intentions clear to the father, then it was the mother's fault the father picked up his children.
Now, if by 'before she has a chance to stop it' you mean she does not have a court order, then I don't think there's anything she can do. If she has a court order but he has not been informed of said order, there's still nothing she can do.
But if the father knew there was a pending court order and knew of the mother's wishes, then YES I feel like she would be able to prosecute him or at least have him picked up or warned. (Even though I seriously doubt that would even remotely stand up in court)
And honestly, I don't think it matters which gender is in which role. Many times parents who do run off with kids who are not in their fulltime custody do just this ... Pick up the children from school before the other parent and then flee with them.
I don't know. I guess I'm looking for a more specific scenario.
2007-01-12 00:57:25 · answer #2 · answered by jillians_apologist 2 · 0⤊ 0⤋
No, she should not be allowed to prosecute him for kidnapping. Why did she stop weekend visitations? If it were me I would never have stopped the weekend visitations to begin with. They are his children also and he has a right to see his kids. Think of all the men out here who don't even want to spend time with their kids. What he should have done rather than pick them up after school was to take her back to court.
2007-01-12 00:48:44 · answer #3 · answered by Thumper 7 · 0⤊ 0⤋
Well the mother is violating the agreement by not allowing the visits. The father should not be stopped from seeking help from the legal system to rectify this situation. By the same token, if kidnapping has occurred she should have the right to seek help from the same system. I would feel the same irregardless of the roles.Oh, And Goodnight!
2007-01-12 00:52:59 · answer #4 · answered by Mr. CoCo 3 · 0⤊ 0⤋
no, she shouldn't
the father didn't take the children in the intention of not giving them back to the mother. he just wanted what is his right, and that is a time with his kids which the mother already agreed on.
however, I think it would be better of the father to try to reason with the mother and if she refused he should go to court instead of taking the children that way.
no I wouldn't feel different if the roles were reversed.
2007-01-12 00:55:58 · answer #5 · answered by ??? 1 · 0⤊ 0⤋
The issue possibly revolves around the "officiality" of the separation. Is it a Legal Separation petitioned to, granted and ordered by, a court of law?
And is the custody/visitation agreement one that has been drawn up by, or approved by, the court?
This strikes pretty close to home for me - the focus needs to be on the children and their right to love and spend time with both of their parents.
2007-01-12 00:49:59 · answer #6 · answered by WindWalker10 5 · 0⤊ 0⤋
If the court ruled the father gets the children on weekends, I don't think so, but it would totally depend on what day and time he was supposed to pick them up. If his visitation doesn't begin until Saturday, she could have him arrested. But, I wouldn't do it. Two wrongs, or in this case, three wrongs, don't make a right and in the end only the children suffer. If I were him, I would take HER to court for not allowing my court ordered visitations.
2007-01-12 00:47:56 · answer #7 · answered by The Nana of Nana's 7 · 1⤊ 1⤋
If he is entitled to have them on Friday through Sunday, then she shouldn't be allowed to prosecute him. However, he should go through the courts, albeit a pain in the butt....and demand his visitation rights and sue her. Also, if the school doesn't have him listed as someone that could pick the children up, then they are liable for those children.
2007-01-12 00:52:49 · answer #8 · answered by spitonapit 4 · 0⤊ 0⤋
He should not do it, it is abduction. He should get an attorney & take her to court. Children should not be used by parens as pawns to spite each other. He must wait & follow the right procedures. It's a sad situation, but my advice will be the same if the situation were the other way around. The children's wants & needs must come first!
2007-01-12 00:52:29 · answer #9 · answered by ANNEMARIE 1 · 0⤊ 0⤋
If the court has given him permission to have his kids over the weekend, then she has to also obey the court order. In Texas a man can't be charged for kidnapping his own kids, unless the laws have changed.
2007-01-12 00:53:03 · answer #10 · answered by kayboff 7 · 1⤊ 0⤋