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SpindriftRascal t1_j2jvhz1 wrote

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

On the given facts, OP is not wrong about the possibility of a kidnapping charge. See 18 USC 1204.

Of course, we have no way of predicting whether the father would file a complaint, or whether it would actually lead to an IPK charge, but it’s certainly possible. OP’s mention of kidnapping suggests to me that it has come up as a topic and she is wise to aware of the possibility.

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LackingUtility t1_j2jvvm9 wrote

Staying in the UK where the child is not homeless would likely not be considered intent to deprive the father of parental rights though. OP would also have a necessity defense.

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SpindriftRascal t1_j2jwepj wrote

Sure, I’d make that argument. But she doesn’t want to be in position to have to argue that, does she? I’m not opining on what she should do. I’m just pointing out that an IPK charge is certainly possible in this situation.

Edit: correcting omission of the word “in.”

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LackingUtility t1_j2k1bt7 wrote

She may…. We don’t have all the facts, hence why OP should talk to a lawyer.

But OP has ignored that advice every time it’s been given. I wonder if the kid wouldn’t be better off with the father.

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ItalianMama95 OP t1_j2jzoz6 wrote

Yes it has definitely come up in topic before hence why I am so cautious about it. Yes I know it is a real possibility as I have looked into. I have pleaded and begged his father to let me stay here or to take his son full time and he refuses. It’s all part of his control over me still from the abusive relationship.

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