Episode-15-Obstructing Parenting Time and Moving Towards Reasonableness-02-09-2017

We hope that our listeners never have to deal with kidnapping and it can be a stressful issue to consider when you are going through a separation.  It is an issue that comes up in our practice, both in terms of someone claiming “kidnapping” when it is not in fact the case, and unfortunately there are times when kidnapping actually occurs.  As with most issues in family law, the answer to whether the removal of the children from the home is kidnapping is, “It all depends on the facts in issue.”  In this issue we explore circumstances in which claims of kidnapping arise, and how kidnapping is not the same as leaving the family home with the children.  Are there particular circumstances when a parent can leave the family home with the children, without telling the spouse?  Jessica and Anouk explore circumstances where the answer is “yes.”    The consequences when the children have been withheld from the other parent, can be significant, once the matter  is before the court, and can result in the absconding parent to have severely restricted access to the children.  What are the possible outcomes of a parent withholding the children and when is it considered acceptable?  There is a difference between unsafe parenting and disappointing parenting and this difference is explored in this episode.  What are the responsibilities of the withholding parent?  This is a very nuanced issue and we hope that this discussion provides you with some practical issues in your separation so that it can be peaceful and healthy for all involved.