What is considered kidnapping? My good friend is going to leave his wife. He told her he wants a divorce. Divorce papers have not been filed yet. Does the mother have the right to leave the country with the child without telling the father? Does it matter what state they live in? They live in TX and she wants to take thier son to the Philippines. He found 2 plane tickets in her car. He wants custody. Should he go to the airport w/ Police and catch her in the act and charge her with attempted kidnapping to win custody of his son, or should he let her take him and then charge her with kidnapping after they are already gone?
2007-07-09 15:33:53 · 8 answers · asked by misspoo4 2 in Family & Relationships ➔ Marriage & Divorce
he needs to get a lawyer fast and have temporary custody papers draw up. they can do them fast, like 24hrs here in PA. in my custody papers it says i cannot take my child out of state or country w/o giving my ex husband 30 days written notice and i cannot be gone for more than 14days. my lawyer said that is standard. i have physical custody
2007-07-09 15:40:17 · answer #1 · answered by eb 5 · 1⤊ 0⤋
The first question is the US passport (assuming the child is a US citizen). These days, you need both parents present at the agency to get the passport, or one spouse has to sign a notorized consent form. That is the first control point that a parent has. Without the passport, the kid cannot get on the plane. Passport is a federal instrument.
The second point is the airport. If the passport is already in place, the concerned parent should get the attorney to take care of the flight risk issue.
It is much harder to get the kid back from outside of the country. It usually means that parent is a citizen there and can claim the kid as citizen as well and local law applies--- lot of cases like that with muslim countries. If that country doesn't cooperate, almost impossible to expedite.
2007-07-09 16:10:38 · answer #2 · answered by Sir Richard 5 · 1⤊ 0⤋
This is complex - go to Citizens Advice Bureau to get the law explained to you, and they will also point to a knowledgeable lawyer. You won't be able to handle this on your own. Does your home insurance include legal help? Maybe you won't have to pay the full cost.
2016-04-01 06:15:41 · answer #3 · answered by ? 4 · 0⤊ 0⤋
you can NOT kidnap your own child....unless there are court papers already in place she should not be charged with that crime................there is some sort of emergency procedures that be put in place almost over night where the child's passport would be removed etc that might be of help to the father to get it sorted out one way or another.
as we all know the parent leaves the country with the kids they are NOT coming back,.
2007-07-09 15:38:48 · answer #4 · answered by candy g 7 · 0⤊ 0⤋
I don't know the answer to this, but I don't think he should let her take the child out of the country. Once she has the child out of the country, he will have a hard time getting him back. he needs to see a lawyer immediately and get legal advice.
2007-07-09 15:45:07 · answer #5 · answered by gagirl 3 · 1⤊ 0⤋
What are you talking about he can't do anything because no papers have been drawn up.He can't get her for kidnapping her own kids is he crazy. And yes she can take her kids where ever she wants.Until he has papers he can't do a thing to her.
2007-07-09 15:51:00 · answer #6 · answered by Teenie 7 · 0⤊ 0⤋
He needs to get a lawyer right away and get thoes airplane tickects from her NOW!!!! he may never see either one again if he lets them go. or even trying to stop them at the airport.
2007-07-09 15:55:27 · answer #7 · answered by sunshine 2 · 0⤊ 0⤋
you would have to check the state law
2007-07-09 15:40:52 · answer #8 · answered by sweet young thing 3 · 0⤊ 0⤋