Is it kidnapping for a mother with a restraining order against the father to leave the statewith the child?

Asked about 2 years ago - Denver, CO

They would go to the childs grandmothers house and the father would be aware of it but has asked the mother not to leave the state. The restraining order was served today and the trial has not yet happened.

Attorney answers (2)

  1. April D Jones

    Contributor Level 10


    Lawyers agree


    Answered . It depends on what your court orders say, if you in fact have court orders. If you do not have court orders you are not restrained from going anywhere, however, the child's father can file for a divorce (if married) or for an allocation of parental responsibility ( if you are not married) and the court can demand that you return the child to the state of Colorado. You can of course petition the court to allow you to relocate outside of CO once the court has jurisdiction over you. You should speak to an attorney right away as the particular details of your individual case can affect the legal analysis and outcome. Contact myself or another experienced family law attorney right away.

    Good Luck,
    April D. Jones
    Attorney with over 20 years experience

    All written responses are for general informational purposes and do not constitute legal advice. Please consult an... more
  2. David Littman


    Contributor Level 18


    Lawyers agree

    Answered . It depends on whether the mandatory temporary injuction is in effect. This occurs in every dissolution and APR filing in Colorado and requires either written agreement between the parties, filed with the court and approved or a court order after a request to the court in the form of a motion to leave the state. You certainly should speak with a family law attorney before undertaking a decision to leave the state.

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