Married parents-taking child out of state without the other parent’s consent

[Anonymous]

My brother is planning to take his kid to see my parents for 5 days. His wife, my SIL, is opposed (super religious, my parents practice a different religion) to the trip. What can he do to protect himself from kidnapping charges? Is there any possibility that he could get in serious trouble? He’s the primary parent…

[Anonymous]

No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

[Anonymous]

It’s not kidnapping if the other parent knows where the child is. He can demonstrate this by texting and emailing spouse with: “Larla, Larlo and I will be at my parents house in Shadytown, NJ through January 2. Hope you change your mind and join us.”

If he wants to leave the country alone with the children, he does need sign-off from the other parent. But leaving the state? No.

[Anonymous]

Anonymous wrote:No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

Yes, you’re right. I just meant that he takes the bulk of child rearing responsibilities. No divorce proceedings in process.

[Anonymous]

Anonymous wrote:It’s not kidnapping if the other parent knows where the child is. He can demonstrate this by texting and emailing spouse with: “Larla, Larlo and I will be at my parents house in Shadytown, NJ through January 2. Hope you change your mind and join us.”

If he wants to leave the country alone with the children, he does need sign-off from the other parent. But leaving the state? No.

Thank you. I’ll suggest he does this when he arrives. He’s scared the police will come after him.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It’s not kidnapping if the other parent knows where the child is. He can demonstrate this by texting and emailing spouse with: “Larla, Larlo and I will be at my parents house in Shadytown, NJ through January 2. Hope you change your mind and join us.”

If he wants to leave the country alone with the children, he does need sign-off from the other parent. But leaving the state? No.

Thank you. I’ll suggest he does this when he arrives. He’s scared the police will come after him.

And say what? He’s their father. He can travel with his children. Parents don’t need permission from one another.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

Yes, you’re right. I just meant that he takes the bulk of child rearing responsibilities. No divorce proceedings in process.

Then he shouldn’t do this, what the hell? Why on earth would a husband who is not divorcing so defy the wishes of his children’s other parent that he seriously fears she will call the police and report a kidnapping?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

Yes, you’re right. I just meant that he takes the bulk of child rearing responsibilities. No divorce proceedings in process.

Then he shouldn’t do this, what the hell? Why on earth would a husband who is not divorcing so defy the wishes of his children’s other parent that he seriously fears she will call the police and report a kidnapping?

Wife doesn’t want kid to see grandparents who practice a different religion.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

Yes, you’re right. I just meant that he takes the bulk of child rearing responsibilities. No divorce proceedings in process.

Then he shouldn’t do this, what the hell? Why on earth would a husband who is not divorcing so defy the wishes of his children’s other parent that he seriously fears she will call the police and report a kidnapping?

Wife doesn’t want kid to see grandparents who practice a different religion.

And what’s your point? If my husband pulled a move like this, divorce would go from “not in consideration” to “active docket” before he got back. And if he has so little regard for his wive’s views he should welcome that. Madness.

[Anonymous]

OP this is a horrible idea.

And your brother is an idiot.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

Yes, you’re right. I just meant that he takes the bulk of child rearing responsibilities. No divorce proceedings in process.

You have no idea if he actually does or doesn't. He can take his kid but she should agree.

[Anonymous]

Anonymous wrote:OP this is a horrible idea.

And your brother is an idiot.

He has every right to take his kid to his parents home.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No one is the “primary” parent for a married cohabitating couple. Are they in the midst of divorce proceedings?

Yes, you’re right. I just meant that he takes the bulk of child rearing responsibilities. No divorce proceedings in process.

You have no idea if he actually does or doesn't. He can take his kid but she should agree.

But she doesn’t have to.

[Anonymous]

Maybe divorce should be considered.

He can take them without kidnapping concers, OP.

Is there maybe more to this?

[Anonymous]

It sounds like he doesn’t want to do it because he’s scared, and you’re trying to pressure him to do it anyway by reassuring him nothing bad could happen. Well plenty bad could happen. He should resolve this with her, even if that means getting a divorce and court order saying this travel is allowed.