Legal Question in Family Law in New York

Kidnapping

If a woman leaves the state or country with her children without her husbands consent, is that considered an act of kidnapping?


Asked on 5/18/06, 3:59 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Kidnapping

The answer depends on who has custody and whether the leaving the area violates any court order.

If she has custody and he only visitation, then she will be in violation of the custody order. But it is a civil and not a criminal violation.

If there is a court order against her taking the children or he has custody, then yes, it is a criminal act.

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Answered on 5/18/06, 4:15 pm


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