My ex had physical custody of my 2 boys and was allowed to move to NYC from MA with the court permission. I have 50/50 legal custody with my ex and had visitation once a month for the weekend. that was court order in 11/15/2018.Now forward to 12/10/2019 in which she was found for 3 contempt and now i was given physical custody of my sons and on top of it all she has no clue about it because she didn't come or call the court to be present in court. If she decide not to give me the boys to bring them home to MA where the court order of custody is active. can she be arrested for kidnapping ?. I know she going to give me a hard time giving me the boys. thank you
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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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.
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