Is It Kidnapping If The Custodial Parent Interferes With Visitation

My question involves a child custody case from the State of: Oklahoma


My husband has a court order that states he gets visitation every other weekend. The mother has custody. He received a phone call from her today. She will not say where she is. Can he call the cops? Can he do anything? Does he just have to get a lawyer?

The court order states she cannot go out of state, but it also says he gets visitation certain days and that rarely happens. Thanks for any input.

Did a licensed psychiatrist say she is insane? If not, I suggest you watch what you say before you end up on the wrong end of a defamation suit.

He can file a police report to note the visitation being disallowed and file in court for contempt.

Well I personally do not think a sane person would do that, but thanks for your input.

Since a psychiatrist would be a mandated reporter, and apparently hasn't reported mom as suffering from mental illness likely to endanger the child, I'm betting not.

He can call the cops, and the cops will tell him that mom cannot kidnap her own child. They may or may not take a report (which amounts to nothing other than documenting what dad tells them), but would issue a case number to show that he reported it - which with $1.99 might get dad a cup of coffee. What dad has here is a contempt of the court's visitation order. He needs to bring a contempt motion before the court. Whether or not he needs an attorney to do so depends on his level of comfort or experience.

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Quoting cmurph11

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My question involves a child custody case from the State of: Oklahoma


My husband has a court order that states he gets visitation every other weekend. The mother has custody. He received a phone call from her today. She will not say where she is. Can he call the cops? Can he do anything? Does he just have to get a lawyer?

The court order states she cannot go out of state, but it also says he gets visitation certain days and that rarely happens. Thanks for any input.

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If she is in violation of the court order she can seek a contempt order through the court or call the police to report the violation as appropriate in your state.

In my state withholding visitation an d contact from a parent that is otherwise entitled can be prosecuted criminally. I suspect the same is true where you are. However, I seriously doubt it will be "kidnapping."

Q: Is It Kidnapping If The Custodial Parent Interferes With Visitation?

A: No.

It is "Custodial Interference" Depending on the state, it CAN be prosecuted criminally(athough that is VERY rare). The best advice, get a police report for each instance, evidence for court. Judges don't look kindly on these types of things, some standard state orders even talk about 'willingness to foster a relationship between the child and the other parent' as a factor in primary physical custody

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Quoting cmurph11

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My question involves a child custody case from the State of: Oklahoma


My husband has a court order that states he gets visitation every other weekend. The mother has custody. He received a phone call from her today. She will not say where she is. Can he call the cops? Can he do anything? Does he just have to get a lawyer?

The court order states she cannot go out of state, but it also says he gets visitation certain days and that rarely happens. Thanks for any input.

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Re the bolded, its unlikely that the court order states that. I may state that she cannot relocated the children out of state, but saying that she cannot take the children out of state at all, even for vacations etc., would be highly unlikely.