Legal Question in Family Law in California
kidnapped?
If my ex-husband requests to take our 2 1/2-year-old son for a week (the week immediately following his second wedding)to visit his parents, and I agree because I still have a very close relationship with his parents, but discover during that week, that my ex and my son are not at his parents, nor have they been there,nor does anybody know where they are, does this constitute kidnapping, even if he returns my son on the scheduled date? We have a parenting agreement that stipulates that if my ex wants to take my son on a trip, then he has to provide me with his itinerary, including dates, places, and phone numbers, in writing, 14 days in advance of the trip. All he provided was a lie, one week before the trip. Thank you.
3 Answers from Attorneys
Re: kidnapped?
There is a form that you can fill out to request that the court consider a contempt charge. Rather than go through the expense, however, why not talk to the father NICELY and let him know what your concerns are. If he has an attitude about it, then worry about what to do next.
Re: kidnapped?
I like Ms. Barnett's suggestions. I might suggest that you put it in writing so you can show the history to the court if there are more problems. You could cite him for contempt but the court would just slap his hand, assuming that he is found in contempt. It this is a continuing problem then you will need to take further action. Right now what he did was stupid, but hopefully he will grow up as your child grows up and will act responsibly. At that time you will want your son to have the enrichment of a trip with his father. Two year olds would love a trip to grandma and grandpa's, but don't travel real well. Good Luck, Pat McCrary
Re: kidnapped?
if he violates the court order he can be held in comtempt of court. you can also make a motion to resrtict out of town trips.
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