What is kidnapping


#1

I will try to summarize:

I have full physical custody of my 13 yo daughter. We have joint legal custody with my word being the final say. we have written in that the other parent is to give a 2 week notice before taking the child 100 miles away from home. Also we have not set visitation arrangement.

Let’s say X asks for daughter for a week and I say yes. He doesn’t tell me they are going anywhere but I find out he has gone 100 miles and/or out of state 100 miles. Can I call the cops and get him for kidnapping?

If no, what recourse do I have?

Also, what if he does tell me he is going some place and I tell him He Can not take her - but then he does?

(I have no intention of doing this but I just wanted to know my rights)


#2

Defining kidnapping is outside of the scope of this forum. If you have fear that the child will be exposed to a substantial risk of bodily injury or sexual abuse, then you could file a motion for emergency custody. If there is no basis for emergency custody, after the other party violated the court order, you would be able to file a motion to have the other party held in contempt.