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left the state

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mom-relocated

Junior Member
What is the name of your state? Oregon
on january 1, 2005 my husband came home drunk and not only did he physically harm me but he also harmed our three year old daughter. not to mention that my two other children were home and my niece and nephew were present. i had him arrested for dv, i filed a restraining order, & i packed a few things of mine and the childrens and we left the state. he has contested to the restraining order for the custody of the kids, i am afraid that by leaving the state i may have committed a crime with my kids. he is being charged with 2 assault 4 felonys, 2 assaults, 1 reckless endangering, a 4 counts of harrassment, i know that the da is offering a deal w/o the assault 4 felonys, my question is when i go to court for the child custody hearing im i going to charged with a crime??????? leaving the state was our only chance i do beleive to make things better, the abuse had been ongoing for the last 3yrs to me but it was also in front of my children, if it is against the law for me to be out of state, then id just rather keep hiding in order for my children to enjoy their life in a safe and secure environment.
 


VeronicaGia

Senior Member
mom-relocated said:
What is the name of your state? Oregon
on january 1, 2005 my husband came home drunk and not only did he physically harm me but he also harmed our three year old daughter. not to mention that my two other children were home and my niece and nephew were present. i had him arrested for dv, i filed a restraining order, & i packed a few things of mine and the childrens and we left the state. he has contested to the restraining order for the custody of the kids, i am afraid that by leaving the state i may have committed a crime with my kids. he is being charged with 2 assault 4 felonys, 2 assaults, 1 reckless endangering, a 4 counts of harrassment, i know that the da is offering a deal w/o the assault 4 felonys, my question is when i go to court for the child custody hearing im i going to charged with a crime??????? leaving the state was our only chance i do beleive to make things better, the abuse had been ongoing for the last 3yrs to me but it was also in front of my children, if it is against the law for me to be out of state, then id just rather keep hiding in order for my children to enjoy their life in a safe and secure environment.
Keep in mind that if he files for custody and/or visitation in Oregon, that is where you will have to travel for all court dates until he moves out of Oregon. And if the court knows where you are and you don't show up, it could cause huge problems for you. It's called parental kidnapping. He has been charge with crimes, but has not yet been convicted.

You need an attorney.
 

LdiJ

Senior Member
No, you haven't committed a crime. At least not yet. You have equal legal rights to your children and are free to take them anywhere that you like.

HOWEVER....Oregon would have jurisdiction if he files for custody prior to you living in the new state for at least six months. Therefore he can ask a judge to order you to return to Oregon with the children. If the judge orders you to return, and you do not, THEN you would be committing the crime of parental kidnapping. Therefore don't be foolish, show up for court...preferibly with a good attorney.

Realistically, if he also hurt the child during the DV, and that's documented, his chances of getting custody would be extremely slim....even if he does plea bargain.
 

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