Can I move away with my child and not have the other parent call the police and file a kidnapping?

Question

we have a shared agreement with each other where we both get 50/50 of our child.

My concern is that my child is living in an unsafe environment at the other parents house. The other parent was dating someone who was a coke addict and also rented a room out to a coke head. The police have been called to that place for domestic disturbances, but unfortionately the neighbour had taken my child out of the house just before the police arrived so the Childrens Aid wouldnt take him away.

So really my question is since we kept it out of court and both agreed to a 50/50 agreement, could the police arrest me for kidnapping if I wanted to move and take my child away with me.

Spock (rhp) · Answer

family court for you.  your chances are much improved with an experienced solicitor/attorney in this specific area

Slickterp · Answer

If the custody is court ordered, or a written agreement of some kind, no you cannot.  If custody is not court ordered you may get away with it (more likely if you are the mother).

The proper thing to do is to file for full custody with proof of the danger to the child.

? · Answer

If nothing is in writing, no. BUT. You are going to end up in court anyway, so do it sooner rather than later.
If the police have been to the residence where the child resides, you may have a good case for a sole, limited, or supervised custody determination. 
Get yourself a lawyer. The police will follow up on a suspected 'kidnapping', and while they sort it out, will return the child to the original home - which could land you in custody/jail/court. 
Get thee to a lawyer.

Elsa · Answer

Yes because you are breaking a legal agreement.

I suggest you go to your court, police station or a lawyer  and ask for advice before you do anything else.  I pray you will get your child back.

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Can I move away with my child and not have the other parent call the police and file a kidnapping?

4 Answers