I know someone in an abusive situation with a child, can she midnight move while hes at work?then go to police

Question

I think you cant just take a kid and dissapear, but can she move without him knowing then see the cops about it? or is that still kidnapping???

Answer 1

It's not kidnapping if its your kid and you have legal custody.

For example I have 2 kids and I am their legal guardian... it wouldn't be kidnapping if I packed up and left my husband.

But my husband would have the right to sue me for custody or visitation afterwards.

Anyway, yes the woman should leave and get immediate counseling from a domestic violence advocate. That way she can get help with legal advise and all that goes with it.

Answer 2

I left an abusive situation.  I was fortunate not to have any children but before I left I did talk with a women's shelter.

I would whole heartedly suggest - whatever she has to do to get out of the situation - go.  He's not going to stop the abuse, no matter how many times she tells herself this next time is going to be different - it won't.

I don't know enough about child custody but I don't believe leaving an abusive situation with your child would be considered kidnapping.  I believe the police would be all too happy to help her in a situation like this.

I know this is going to sound cold...but she really needs to make sure she's ready to go before she leaves the situation.  The only reason I say this is because I personally left several times...only to return again, be abused again...leave again, becuase I couldn't live without him and repeat the cycle all over again.  It was a hard enough situation for me...I can't imagine what her child must feel like living through the abuse her mom suffers.

I would also suggest calling a women's shelter and speaking with a representative there.  They can give her lots of advice, help her create a safety plan, offer suggestions on where to go...anything she can't think of - they will.

The people who work in crisis centers are trained to help women escape from bad situations - I believe a lot of them escaped themselves.

Once she does break free and escapes she does need to talk with the police and have a record created.  In the event this guy gets cocky, or thinks he can walk all over again in court or wherever she will have a police report of the events leading to her escape.

I wish your friend nothing but the best and for her child's sake as well as her own I hope she is able to escape.

Answer 3

Do it NOW.. A child's well being is at stake. Who cares about the rest?

Answer 4

It is not considered parental kidnapping in that situation.  She needs professional help.  Here is what to do.

When he is at work, take her to the county court house and file for an order of protection, ex-parte.  

Then she and the child move in with you or a relative.  Until he has been served papers and forced out of the house.  She should not be alone during this time.

Once he is out of the house, she moves back in and has the locks changed immediately.

Then she files for divorce and follows through with all.  If she hesitates and changes her mind during any of this, she will wind up in a worse situation.  

Also, the whole time she should be talking to a women's help center to gain confidence to continue.

Good luck and God be with her and the child.

Answer 5

It's not kidnapping if she's getting her kid out of a dangerous situation.

Answer 6

As this question was posed on the Yahoo Canada website, I'm assuming you are in Canada.  As such, the following section of the criminal code can be applied:

Abduction

283. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

This is commonly referred to as a parental abduction.

The best course of action in this case is to contact the police first.  They will then assist the person in getting to a safe place.  From there, they can both have both child welfare (as they have a lot of powers to protect children from abusive parents) as well as apply for an Emergency Protection Order (commonly referred to due to american media as a "restraining order").  Another option is to then go before a judge and have a judge issue a urgent custody order blocking access to the abusive parent.

There are TONS of options available to the friend to protect HER and the CHILD.  I agree with all of the other posts, their safety is PARAMOUNT.  However, by going to the police first and THEN leaving, not only does she take care of the safety portion, but she also avoids any legal issues arising from taking the child away from the parent.

Answer 7

protect that child at all costs.  most communities have a shelter

for this kind of situation so they can be protected.  do not leave

that innocent child in this kind of situation for even one minute

longer.

Answer 8

anyone who is subject to domestic violence has the right to leave whenever they want to..they can contact police and make reports..they can seek to go to the local shelter for help and receive services and support...anyone who is abused and leaves the relationship is not subject to informing the other party due to the nature of crime.