Is this consider kidnapping ?
2 attorney answers
I agree with Attorney Callahan. It's not kidnapping if she does not know about the order. If she flees with the children, knowing that she does not have custody, then it could be considered kidnapping.
She;s not going to be charged with kidnapping if, by her failure to appear, she is unaware of the order changing custody. Can't be charged with violating something she does not know about.
Where was the court order obtained? Massachusetts? It seems to me jurisdiction over the children was now in NY, and I'd be curious how a MA court would have ordered this. In any event, you should inform her in writing of the new order, and provide her a copy. You should give her a copy. Tell her when you are coming. See if the local police will assist. If they will not, you may need to have a NY Family Court order first.
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