Legal Question in Family Law in Rhode Island

''is it kidknapping?''

My wife and i had been having problems so she decided that she was going to go on a vacation with our 4 kids. She called her mom in DE and her mom told her that she was more than welcome to come visit. When she left the last thing she said to me was '' I just need to get away for a bit.'' After the first week went by i hadn't heard from her so i called and asked what was going on. She told me that she wasn't sure if she was going to be comeing home to RI. I asked why? she had no real answer. I talked to all of my kids and starting with my oldest he stated that he missed me and wanted to see me. This is Very hard for me seeing as how when they left i told them that i would see them when they got home. after all this my main question is: is what she did kidknapping or not. What are my rights as a father?


Asked on 7/18/01, 9:34 pm

1 Answer from Attorneys
Jules D'Alessandro D'Alessandro & Wright

Re: ''is it kidknapping?''

Yes, if you believe that she has no intention of returning the children to the State of Rhode Island then it is a violation of the Uniform Prevention of Parental Kidnapping Act. You did not mention if you are divorced or will be seeking a divorce. If you plan to get a divorce you should file as soon as possible to prevent your wife from establishing jurisdiction in DE and forcing you to fight for custody in a foreign jurisdiction. In addition by filing for a divorce you can immediately seek an injunction compelling your wife to return the children to the state of RI. Time is of the essence.

If you wish to discuss this matter and your legal rights, please contact Attorney Amy D'Alessandro at (401) 353-0440

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Answered on 7/28/01, 5:20 pm


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