Legal Question in Criminal Law in New York

Child abduction and fund theft by wife

My wife had kidnapped our children from our country of residence and isolated them by hiding and residing at unknown addresses in the US and with her parents and sister in Canada. She has also removed all our joint financial savings. When I finally succeeded in seeing my severly distressed children with the help of an US attorney, she had acquired enough residency to ask for child support and demand permanent custody. I live and work outside the US. In the face of deliberate fear mongering about my intentions, the relevant court refuses to allow the children foreign travel to visit me or their country of heritage outside the US. Court-decreed visitations and my communications rights are not being honored by my wife. Can there be a criminal case against my wife (and her family) for the theft of funds and child abuse?


Asked on 7/01/08, 12:46 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Child abduction and fund theft by wife

I have several pieces of bad news for you. On the issue of theft of funds, the money in your bank accounts were marital property and either of you could withdraw any portion or the entire amount without any penalty, therefore that is not theft under U.S. or New York State Law. I do not know where you are going with child abuse since you have not made any claims that she is abusing the children. She is denying you your rights to contact your children and you might have an action for violating your rights but not anything else. AS for a change of the visitation order or custody order that you will have to take up with the court and you will need representation and you probably should be in court to make your case.

Joel R. Salinger, Esq.

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Answered on 7/01/08, 1:31 pm


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