My response:
You husband is full of crap.
Unless there is a previous court order of visitation and custody, a parent cannot kidnap their own child. A parent, in the absense of any lawful order to the contrary, is free to take their child anywhere they want in the world (subject only to the other country's laws and requirements for the "movement" of children within their jurisdiction).
The only way your husband can re-obtain jurisdiction over your child is for him to determine whether or not the child has met the Alaska residency requirements. If not, he can file in Arkansas, forcing you to return with the child. If you and the child have met the residency requirements of Alaska, then he'll have to go to Alaska to file for custody, visitation and support orders.
But, in any event, you have NOT comitted "kidnapping".
Here's the Arkansas law:
Arkansas Code section 5-11-102. Kidnapping.
(a) A person commits the offense of kidnapping if, without consent, he restrains another person so as to interfere substantially with his liberty with the purpose of:
(1) Holding him for ransom or reward, or for any other act to be performed or not performed for his return or release; or
(2) Using him as a shield or hostage; or
(3) Facilitating the commission of any felony or flight thereafter; or
(4) Inflicting physical injury upon him, or of engaging in sexual intercourse, deviate sexual activity, or sexual contact with him; or
(5) Terrorizing him or another person; or
(6) Interfering with the performance of any governmental or political function.
(b) Kidnapping is a Class Y felony, except that if the defendant shows by a preponderance of the evidence that he or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial, it is a Class B felony.
History. Acts 1975, No. 280, § 1702; 1977, No. 474, § 15; 1981, No. 620, § 11; A.S.A. 1947, § 41-1702.
Good luck to you.
IAAL
