Is keeping your own child away from the other parent considered as Abduction?

Question

Taking the child away on a trip saying its a holiday and then never returning... and no contact after that

Answer 1

Since the facts of this case are not in details regarding which parent took the child, whether such parent was having lawful custody or lawful guardianship of the child, what was the age of the child? Still I will try to explain if such an act amounts to abduction or kidnapping in legal sense or not. Firstly the taking away of child from the lawful custody of the parent amounts to kidnapping, section 359 of the Indian Penal Code provides Kidnapping is of two kinds: - kidnapping from [India], and kidnapping from lawful guardianship. Section 360 IPC provides Kidnapping from lawful guardianship


Whoever takes or entices any minor under [sixteen] years of age if a male, or under [eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

Explanation: - The words "lawful guardian" in this section include any person lawfully entrusted with the care of custody of such minor or other person.

Exception: - This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
As you see this section talks of "lawful guardian" who is one having natural guardianship or legal guardianship. Natural guardian in case of Hindus has been defined under section6 of the Hindu Minority And Guardianship Act, 1956 Natural guardians of a Hindu minor.- The natural guardians of a Hindu, minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are -

(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl - the mother, and after her, the father;

(c) in the case of a married girl - the husband;

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi)

Explanation.—In this section, the expressions 'father' and 'mother' do not include a step-father and a step-mother. As far legal guardian is concerned is one who has obtained legal custody of the child from the court or has court order with regard to such child custody. As I stated in the beginning of this answer that since the facts regarding which parent took the child & the age of the child is not clear in this case to say that such an act amounts to kidnapping of the child or not depends on these two facts. If the father took the child with him of age less then 5 years away from the mother, this may be considered as act of kidnapping but here the intention of the father in doing such act shall hold great importance in deciding this offence. In case the mother took the child of more then 5 years away from the father, this may be considered as act of kidnapping but here again the intention of the mother in doing such act shall hold great importance. In such cases the courts settle such cases amicably by granting legal custody of the child to the deserving parent,& allow the other parent the right to meet the child periodically. The question with regard to punishment for the offence of kidnapping are too avoided considering the natural love & affection for the child of the parent doing such an act although such an act amounted to mental harassment/cruelty to the other parent, which can be considered as ground for divorce or ground to give custody of the child to the other parent.
The best course of action to be taken by the parent who feels that the child has been taken away from his or her lawful custody by the other parent is to move the High Court of the state where he or she lives for writ of habeas corpus under Article 226 of the Consitution of India, against the other parent & get order from the high court for the local police to trace & produce the parent & the child in the court.

Answer 2

when a child is not returned when expected you can immediately file a police report, when they find out its the other parent, they most likely will wait a certain amount of time unless there is a history of abuse or violence. Which is the reason you ALWAYS file reports with your local police department when it happens. You can always goto the stations to do this even if the cops don't wanna come to you cuase they say its a civil matter. (typical)
We have a wonderful tool now called AMBER ALERT that is used for child abductions and even if its a parent who has the child they will post this everywhere.

Its best to have a custody agreement whenever the parents are not living together with the child or the police can't hold either one accountable and it can take longer to get your child back.

Answer 3

Yes it is.

If the parent is not violent , abusive , cruel , rude and doesnt mistreat the child you will do irreversable damage to the child's psychee , it can cause drug abuse , sex before the right age using their body as a form of medication to regain what you stole when you kidnapped them and alcahol abuse, can you live with that? it doesnt matter what life style you give the child wether it's better then the 1 it's in now this will come about its only 10 % of these children who do not grow up making these mistake's. Keep that in mind 10%. Will you be 1 of the lucky one's?

Do the right thing and if you cant trust the spouse or ex spouse then go to court and get supervised visitations.

Answer 4

Yes! And legally that could get you in a lot of trouble, including losing your own rights to the child.
If you are doing it out of your own differences with the other parent and just you don't want to have anything to do with them, that is wrong. That causes the kid to be deprived of one of their rightful parents against their will. They will likely later hate and resent you for this, and go looking for their parent anyway.

If you actually are concerned for the child's safety with the other parent, you still have to seek legal counsel to gain full custody.

Answer 5

they are not undesirable. I disagree that it scars them psychologically besides, because of route, those leashes are used on babies, no longer children. i extremely doubt a infant cares that they are on a "leash"- ought to they even comprehend what that is besides? A one or 2 3 hundred and sixty 5 days previous ought to no longer imagine, "i'm so humiliated that my mom is putting me in this leash because it makes me look like an animal!" I do imagine that once a particular age, it will be undesirable because ultimately, they are previous sufficient to comprehend now to not run off, and they favor to study to stay with you without being constrained. yet a infant remains too youthful to really comprehend, and they obviously basically favor to stumble on each and everything, so I comprehend possibly utilising a leash on them. yet for my section i doesn't favor to apply it once the youngster receives to about 3 or 4, because it really is at the same time as they ought to start up attending to understand to stay with you on their own. yet, i do not imagine a regulation requiring all youthful little ones to be on leashes is necessary. there are multiple different thoughts to keep your baby with you, too. preserving their hand, putting them in a stroller, or sitting them contained in the cart once you're contained in the save, and so on. see you later because the father and mother keep their youthful little ones threat-free and do not enable them run round or wander off, it really is tremendous.

Answer 6

yes, contact the authorities right away and report it. The child might be in danger.

Answer 7

Yeah, that's pretty much the definition of abduction. If you are headed in that direction, I would seriously reconsider as you may find yourself in a heap of trouble.

Answer 8

If your a man yes, a women no. That's why laws need change for Fathers Rights. Write you sentors about Equal Rights for Fathers.

Answer 9

Yes, it's pure abduction, by definition.

Answer 10

Off course it is !!!




♣ Beware 0f The Gypsy Curse ♣

Answer 11

Clear cut case of Kidnapping.