If I had my husband’s written permission to take our children out-of-the country, canI be charged with kidnapping?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had my husband’s written permission to take our children out-of-the country, canI be charged with kidnapping?
My husband and I filed for divorce. I have the primary custody of our children (3 and 5). He gave me written and signed permission to take the children out of country and now I’m in Japan. I’m planning to be back in U.S. in 2 weeks, but he suddenly threatened me that he wants full custody of the children, and he’s going to take legal action immediately. I have no intention of kidnapping our children, and I have his written permission. Can I still get arrested at the airport when I come back to U.S.?
Asked on January 10, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
He is playing games with you. If he gave you written permission to take the children out of the country then he can not now decide to press charges unless he can prove that you do not have an intention to return. I would contact your attorney as soon as you can and discuss the matter so that there are no "suprises" when you get off the plane in he United States upon your return. As for the full custody issue, courts are not inclined to lean toward full custody for only one parent but prefer that they share custody of the children. The best interests if the children will be the litmus test here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.