I WANT MY CHILDREN!

Liam and Sophia were once a happy couple, blessed with two beautiful children, Lily and Logan. However, their relationship became difficult. Years down the road, Sophia moved on with Jeremy and they are planning out their wedding this year. Liam heard rumours of Sophia's intentions to marry another man and could not bear the thought of someone else raising his children. 

One day, while Sophia was out shopping for the week’s groceries, Liam took matters into his own hands and picked up Lily and Logan from their nursery school without Sophia's consent. Sophia was very upset when she got there to pick them up and their teacher told her that Liam had picked them up and mentioned that they were not going back to the school. 

Upset and totally in tears, Sophia reported Liam to the authorities for abduction. Now, the police are caught in a complicated situation, trying to determine if a parent can indeed be guilty of kidnapping their own children.

 

WHAT DOES THE LAW SAY?

 

Kidnapping is the act of abducting someone and holding them captive. By law, it is a serious offence (felony) to remove a child from access to or from lawful guardianship. If convicted, the punishment is 10 years or more of imprisonment.

In the first instance, a parent cannot be charged with kidnapping their own child, as parental rights inherently include the right to live with and care for one's child. However, there are circumstances where a parent's actions may be considered unlawful.

If a court determines that a parent is a threat to the well-being of the child, they may take away that parent's custody rights. If the parent goes against this decision and removes the child from the custody of the legal guardian, it can be seen as abduction, even though the parent is biologically related to the child.

In situations where there is no court order restricting parental access, both parents typically have equal rights to spend time with their child. Deliberately preventing the other parent from exercising these rights can lead to legal consequences and is not in the child's best interests.

To avoid conflicts and ensure the child's welfare, it's advisable for parents to work together amicably, ideally through mediation or soft legal channels, to establish fair and mutually agreed-upon arrangements for parenting time. The well-being of the child should always remain the main point of focus in any decision-making process regarding custody and visitation rights.

 

There must be careful consideration of the best interests of the children involved, ensuring that their safety and welfare remain the top priority.

Source: BarefootLawyers