Legal Question in Family Law in Maine
kiddnapping
my ex wife took my son out of the state without my permission or the courts and she is already breaking a contempt order is this also kidnapping ?
1 Answer from Attorneys
Re: kiddnapping
The short answer is that it probably is. If, in fact, your ex has taken a minor child out of the state in violation of the effective court order and without your permission, then this is also probably considered kidnapping. The exact nature of your legal remedy will be based on the exact language of your order.
Depending on the language in your order, you do have the authority to have the child turned over to you from the authorities of whatever state the child is actually in.
You would, of course, also be on solid legal grounds to seek not only contempt proceedings here in Maine, but probably also a modification of the underlying order to limit her contact/visitation in the future.
If this is something you would like to pursue, please feel free to contact me.