Is this considered kidnapping?

[ConcernedMom80]

What is the name of your state (only U.S. law)? Maine
I share custody with my ex husband. I have the primary resident however, in the past 6 months my sons dad has not seen him or taken him. My son went to his dads for christmas and now refuses to bring him back to me. I live almost 2 hours away. Is this parental kidknapping?

 

[Just Blue]

What is the name of your state (only U.S. law)? Maine
I share custody with my ex husband. I have the primary resident however, in the past 6 months my sons dad has not seen him or taken him. My son went to his dads for christmas and now refuses to bring him back to me. I live almost 2 hours away. Is this parental kidknapping?

No. Depending on the CO wording it may be contempt

 

[ConcernedMom80]

There was nothing written for his dads visitation other than reasonable contact. I havn't called the police yet because tomorrow is the day my son is suppose to be back. How do I find out if it's contempt?

 

[CJane]

There was nothing written for his dads visitation other than reasonable contact. I havn't called the police yet because tomorrow is the day my son is suppose to be back. How do I find out if it's contempt?

If he's not due back til tomorrow, how do you know he's not returning the child?

If you know where the child is, can you show up there?

 

[ConcernedMom80]

My sons dad has told me over the phone he was not returning him. I live 2 hours away with no set of wheels and no one around to help me. I had already made plans to move back up near his dad because of better schools, better living. But on the phone my son whispers to me he wants to continue living with me but whenever his dad is around he tells his dad he wants to stay with him. My sons counsler told me after my son left that my son is deathly afraid of his dad, but has never told me that, only he hated his dads girl friend. I probably added more information then needed but I'm really lost at what my next step is to take. My son is turning 13 next month.

 

[Just Blue]

My sons dad has told me over the phone he was not returning him. I live 2 hours away with no set of wheels and no one around to help me. I had already made plans to move back up near his dad because of better schools, better living. But on the phone my son whispers to me he wants to continue living with me but whenever his dad is around he tells his dad he wants to stay with him. My sons counsler told me after my son left that my son is deathly afraid of his dad, but has never told me that, only he hated his dads girl friend. I probably added more information then needed but I'm really lost at what my next step is to take. My son is turning 13 next month.

Take a Grayhound bus to Dads and pick up your child.

 

[LdiJ]

My sons dad has told me over the phone he was not returning him. I live 2 hours away with no set of wheels and no one around to help me. I had already made plans to move back up near his dad because of better schools, better living. But on the phone my son whispers to me he wants to continue living with me but whenever his dad is around he tells his dad he wants to stay with him. My sons counsler told me after my son left that my son is deathly afraid of his dad, but has never told me that, only he hated his dads girl friend. I probably added more information then needed but I'm really lost at what my next step is to take. My son is turning 13 next month.

You honestly have to find a way to show up and retrieve your child from dad. That means, bus, train, car rental, borrow a car, something. You need to take a copy of your custody paperwork with you and call the police for a civil standby.

Do you have any kind of "rent a wreck" type rental places in your area?

 

[CJane]

Your child's counselor is a mandated reporter. I fail to see how he/she could honestly believe that the child is "deathly afraid" of his father, and yet has failed to make the authorities aware of whatever is making kiddo so afraid.

 

[The_Non-Mom]

Personally I would wait until the day after your son is supposed to be home to jump on that bus. Just because Dad says he isn't returning the kiddo doesn't mean he won't actually return him.

 

[frylover]

OK, Pro, that was kinda cool and kinda creepy at the same time!