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ItalianMama95 OP t1_j2ifnfx wrote

Reply to comment by new_Australis in Homeless with a 3 year old by ItalianMama95

As stated in replies to other people saying the same thing…. I am a British citizen, I wish I could stay, my family want me to. However, my sons abusive dad is refusing to let us. It’s either face living in my car and being homeless or potentially deal with kidnapping charges.

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LackingUtility t1_j2iho20 wrote

There won’t be kidnapping charges unless your son’s dad has full custody and a court order. He’s put this fear in your head, but it’s not true. Talk to a lawyer.

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buried_lede t1_j2jeeuf wrote

Is the shared custody arrangement court ordered? If not, it may not be kidnapping. But call the Boston resource someone mentioned for relocation assistance. You may be able to stay in the UK if you are homeless, have no job, would be living in your car in the winter with a child. I don't know, but you should find out and I am a little surprised you don't seem interested to do that. Living with a kid in a car in winter is not some kind of a joke.

Here, call these people to check if there is a custody issue if you stay in the UK. They will know, because of the kind of work they do, this question has to come up a lot - shared custody issues

Greater Boston Legal Services’ Relocation Project

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Iggy_R3d t1_j2jsuiz wrote

Also curious if it’s court ordered. OP mentioned elsewhere that they have a notarized agreement, but I work somewhere that causes me to deal with probate courts and their court orders every day and a notarized agreement might as well not exist for our purposes. If a judge didn’t sign it it’s generally of no legal value.

Edit: I would advise OP consult with Greater Boston Legal Services either way. That’s where we refer people for legal advice we’re either not qualified or completely comfortable giving.

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LoveOurMother t1_j2mir5g wrote

By coming back to Mass and being homeless you will give your ex the chance to have the child removed from your custody and give him full custody because you made the bad decision to put yourself in a dangerous situation. Do not come back to Massachusetts. Stay with your family. Your ex is feeding you misinformation probably to take advantage of this situation. Whatever agreement you may have does not supercede health and safety. Speak to real lawyers. There are pro Bono DV lawyers. Do not put yourself and your child in danger of freezing to death. People are already freezing to death this winter. Stay with your family. Do not listen to your ex. You won't be charged with kidnapping. Even if he tried, you could fight it. You need to do whats best for your child.

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