If a wife leaves her husband and takes their minor child out of state, is this considered kidnapping? .

Verna (Guest) on Saturday, February 23 2013, 08:31 AM
There is currently a temporary restraining order in effect. If this is not approved to be extended for the next year, she wants to move back to her previous state of residence.
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    Replied by Attorney James Milligan on Tuesday, March 05 2013, 07:50 AM · Hide · #1
    A custodial parent may not remove the child from Massachusetts without the consent of the other parent or order of the court. The temporary restraining order here makes no difference. The wife needs to apply for and receive permission to remove the child before she leaves. The husband in these circumstances could obtain an order compelling the child's return to Massachusetts if the wife leaves with the child before receiving the court's approval to do so. You may learn more on my website www.GeoffreyGerman.com.

    Good luck.
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