If my son does not want to return to his fathers and I do not make him can I get in trouble?

My son is 16 and lives with his father. He has a parenting plan he made me sign if I wanted to see my son. I live in Canada. When my son comes out ot visit he does not want to return. He wants to live with my husband and myself. He is always asking when he can be with us again. If I do not make him get on the plane home can I get in trouble.

Asked on July 2, 2009 under Family Law, Colorado

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes because you would be violating the terms of the parenting plan regarding visitation with your son. Also, your husband has primary custody (physical) and you need to make sure that your son returns home to his father. If not, you could face charges of kidnapping, especially since you live in another country.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes because you would be violating the terms of the parenting plan regarding visitation with your son. Also, your husband has primary custody (physical) and you need to make sure that your son returns home to his father. If not, you could face charges of kidnapping, especially since you live in another country.


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