What constitutes service/kidnapping?

[fb8472]

a service came to the reception area of my work. The receptionist phoned me and said there was a man that wanted me to sign papers regarding a marriage issue. I said 'sorry' and left out the back door. The server did not identify me or leave the divorce papers with me or my work. When I went home and told my wife asked if I had been served. I said 'no' and she left the house with my two kids. Is this kidnapping? missing persons issue? Am I not legally served? I live in Minnesota.

 

[I AM ALWAYS LIABLE]

My response:

Okay, in this new fact pattern, then I would have to agree with you that you haven't been served with Process.

However, like I said before, all because your wife left with HER children, doesn't mean she's committed kidnapping. In point of fact, she hasn't. She has as much right to take her children anywhere she wants in the country as you do. Right now, there are no court orders to stop her from doing so.

On the bad side, if you had accepted the papers, there would have been an "automatic" Restraining Order in place to keep both of you from doing what she did, and you could have gone to court immediately to enlist the aid of the court and police authorities to bring your children back to the home. But, as it stands right now, there are no valid court orders in place.

Please use the same "thread" for any response you may have, rather than starting a new thread like you have done with this one. We'll get your response. All you have to do is click on "Reply" at the bottom of this post.

IAAL

 

[fb8472]

What's kidnapping? Missing persons?

My wife took the kids. I didn't give my consent. Don't I have anything to say about my kids? I'm a concerned parent and I don't think that being with their mother is in their best interests. I'd like to know where they are. Are they safe? Should I file missing persons reports with the police?

 

[I AM ALWAYS LIABLE]

Re: What's kidnapping? Missing persons?

My wife took the kids. I didn't give my consent. Don't I have anything to say about my kids? I'm a concerned parent and I don't think that being with their mother is in their best interests. I'd like to know where they are. Are they safe? Should I file missing persons reports with the police?

My response:

I fully understand your feelings and thoughts in this matter. I, too, would be extremely concerned about my children if, one day, they were gone. In other words, who cares about the wife - - just leave my kids alone !

You could file a "missing persons" report, but once located, there is nothing the police can do to force her to come back with the kids, UNLESS you can prove to the police that she is placing herself and her children in IMMEDIATE life and death danger. Otherwise, she has as much right to her kids, and to go anywhere she likes with them, as you do.

While I agree with "father's rights" also, the "maternal instinct" is a far, far greater force to reckon with. It's like disturbing bear cubs. You don't mess with bear cubs unless you want to tangle with Momma Bear. Your wife obviously feels that she and her children are in immediate danger, and she is doing all that she can to protect them.

I imagine there's much, much, much, more to your story than you've said, which is giving her some sort of reason for leaving with the children.

I don't see anything you can do at this point, except wait, hope and pray.

Good luck to you.

IAAL