Is it kidnapping?

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Amber

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I have been married 14 years and have lived in the Dr for the later half of my marriage. I have 2 underage children who were both born in the states. I am an American citizen as well and my husband has US residency. My quarry is that I've been trying to get him to consent to a divorce for a few years amicably. Since it would be easier on the kids; but haven't succeeded in getting him to understand that it's over. I'd like to know if it would be considered kidnapping if I were to take the kids without his consent back to the states. If so, what can I do that would not entail a grueling custody battle here as I'd like to leave the country at the end of the school year.
Besides this, I also have recently found out that two of the businesses we "own" have been under his mother's name all long even though I have invested much more than him. The only one that is under my name is the one I run by myself. So what is my legal position on that, if any?
Thanks for your time,
 
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Ken

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Amber, I am sure that Fabio Guzman, the attorney who answers questions in this section, will be responding in some way when he checks for questions, but it would seem to me that you need more help than what you could expect to get on this board. I think you need an attorney that you can trust to represent and protect your interests. You don't say where you are living, but if you were on the North Coast or anywhere near, Fabio Guzman, or one of the lawyers in his firm, would be someone you could trust. His website is www.drlawyer.com
 
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andy a

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Either parent along is ok

I believe that Mr. Guzman has answered this question before - in the negative. As I understood him, he said that to take underaged children legally out of the DR requires no special documentation, PROVIDED THAT at least 1 parent is with them.

I believe that the airlines reinforce that by not requiring any additional documentation for children in the company of either parent.

I also have a friend in the US, the mother of whose daughter lives in the DR. He regularly takes the child back and forth without problems.

It is a much different situation though if neither parent is along, now at least. I believe that a couple of years ago he had a friend take the daughter to the States, but lately when he wanted it to happen again, the airline didn't allow it. He wound up going down to get her rather than try to negotiate the paperwork. Among the requirements would have been for both parents to agree for the child to travel with someone else.
 
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sjh

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Last time my wife flew down to the DR on one way tickets, the ticket counter was not going to let her board with the childen with out my authorization.... It is a good thing I came to the counter to walk them through...
 
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andy a

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Feb 23, 2002
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Objection sjh, but your post is irrelevant...

if I understand your and Amber's situations correctly.

Amber is referring to leaving the DR, which would natually be governed by Dominican law.

You are referring to leaving the US, which is of course governed by US (much more restrictive) law.
 
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JOHNNY HONDA

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Unless I am mistaken you may not leave the country with the children unless you have a sworn affidavit from the parent not accompaying them that he has given consent.
Fabio?
J.H.
 
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Criss Colon

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As always,the "LAW" and "Reality" are two different things.

I traveled to and from the DR with my son since he was about 8 years old,now 24.Have you ever flown from the Dominican Republic to New York,or from NY to DR? Do you think any of the Dominicans flying "alone" with their children have "Written Parental Consent" from the "Non-Traveling" parent? These people can't remember to bring their tickets and passports to the airport! My wife (A lovely Dominicana! but about 6 eggs short of a dozen!)went to New York last month.She went by herself to visit her cousin.She failed to notice that her dom.passport had expired.No Problem! Little known fact:There is a passport office in the Las Americas airport,you go in,they take 1,100 pesos, sign your passport,and you go on your flight.takes 5 minutes!Why do they have this service,cause thousands of Dominicans go to the airport with an expired passport!!!If the airlines had to check every dominican for a "Form" from their spouse,we would leave about 4 hours late waiting for the forms,instead of 1 hour late waiting for the dominicans to find their seat and SIT DOWN!!!!!CRIS..They sure can get off the plane a lot faster than they get on!!!!
 
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Amber

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My question has been misinterpreted. I know I can take the kids in and out of the country whenever I wish since I have done so each time I go visit my family. What I am concerned about is that since my husband refuses to agree to a divorce, I am considering going on a ?vacation? and not returning. A friend told me that besides the moral issue of depriving him of the children, there is also the issue of him pressing charges against me for kidnapping. I have been torn apart by both issues for several years now, not to mention the fact that the kids adore him. Yet, I have reached the point where I have no more patience left for neither his infidelities nor the solitude.
Thanks for your responses.
Amber
 
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andy a

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Feb 23, 2002
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Move this to the men and women dogfight forum

It seems to me that the final "legal" question you have is whether you can be prosecuted for kidnapping.

I'm not a lawyer, but I don't see how you could be prosecuted while acting legally. Of course if he went through proceedings to gain custody, etc. and a judge eventually ordered you to return the kids to him, it would be different. It would probably also take a long time and we know that men usually lose such arguments.

Concerning the last point, maybe this thread should be moved to the forum where men and women are allowed to speak their minds, rather than simply help you as in a legal forum.

In the spirit of this being in the other forum, if I might take the liberty, welcome to the world of reality for men - where they're expected to quietly support their kids (and even the kids mothers) even while being denied the services of the mother and the right to see and raise their own kids.

The way you describe your husband does not sound unusually bad for a Dominican. You say nothing about being physically abused, for example. What did you expect?
 
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Fabio J. Guzman

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While you are married, you and your husband have joint custody of your children. Neither spouse has the right to take a child away from the other. In case this happens, a judge may order your arrest in order to have you return the child. I would have to investigate if the extradition treaty with the U.S. includes child abductions.

The fact that your husband put his businesses under his mother's name does not mean that everything is lost...if you can prove that you and your husband are the true owners.

You should be thinking about consulting an attorney to review your options instead of running away.
 
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andy a

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Mr. Guzman,

In this thread of 09-25-2002 entitled "Custody Issues in the DR ", you state,

"If the father can proof (passport, birth certificate) that the boy is his son, he does not need an authorization from the mother to travel with the child to Canada. Such an authorization is only required by article 116 of the law 14-94 if none of the parents are traveling with the child."

Does kidnapping require intent, perhaps, or duration?

Furthermore, if the other parent is aware of the place and free to go to where the first parent is living with the child, would it still be kidnapping?

Thank you very much.
 
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Fabio J. Guzman

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Neither spouse should take a child out of the country without the consent, implicit or explicit, of the other. Art. 116 of the Code allows either parent to travel with the child, assuming there is no conflict between them and that the intent of the travelling spouse is not to take the child permanently away from his/her habitual residence and from the joint custody of the other spouse. If there is disagreement between the parents about the child travelling abroad, Art. 117 of the Code states that a judge must intervene and decide.

To purposely take children out of the country without the consent of their father, with the expressed intent of not bringing them back to their habitual residence under the joint custody of the father, constitutes child abduction.
 
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Escott

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Jan 14, 2002
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If you and your children are US citizens I don't believe you are subject to Dominican Law and I think that you can not only legitimitly fight extradition but I believe that the US courts most always side with the mother.

I would consult a US attorney for advice. Especially if your husband is a US Resident. You shouldn't deny him visitation rights or joint custody in the US but I certainly don't see why you should be stuck in the DR when you all are US citizens..

Personally I would split and fight from a home court advantage and not with the disability of the graft and corruption of the DR system against a Dominican if you are a Gringa.

I am not taking sides mind you and your story could be a fabrication for all I know. My marital experiences have been from the other side of the fence.

Good luck in what ever you do.
 
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Larry

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Mar 22, 2002
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Amber

U.S. courts almost always side with the mother as long as you go about things legally.If you take off with your child without your husbands consent that will eventually benefit your husband in a custody battle because he can claim that you are unstable and an unfit mother who rips her child from a good home and leaves bound for an uncertain future.In return..you may have to argue that you were running away from abuse and had your childs best interests in mind.As you can see this could get ugly.Why dont you do the following things:
1)consult an attorney reguarding your buisness and obtain what is rightfully yours.

2)consult a dominican attorney reguarding the laws in the DR and possible legal ramifications reguarding what you are considering AND document the fact that you have been trying to obtain a divorce and your husband continually refuses to grant you one.

3)consult a good US attorney reguarding you plans and let him guide you in the right direction

4)be guided by reason...not emotion

5)ALWAYS keep your childs best interests in mind

Good luck to you,
Larry
 
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Hillbilly

Hillbilly

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GET A LAWYER!!! Look, Fabio has given you the "legal" side of the story, but this is looking like 'down and dirty' .
You are getting screwed out of your investments, while he is screwing around.
To protect yourself and your children and your investments, get a good, gritty lawyer that will be mean and dirty. But in the meantime, you be Miss Nice!! "The tamest sheep gets milk from his mother and from other teats, too!" Be all nice and gooey, until you have what you need and then land hard as nails..

Once you have your stuff in order, your investments back under your control, then you can go to the States...leave the kids there, get a Dominican divorce, give the guy visiting rights, under supervision and your control, and get alimoney....

HB

Of course : We told you so!!
 
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Amber

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Well, Andy. In the spirit of the LEGAL forum, I'll have you know that my husband has never supported the children or myself. It has actually been the other way around and one of the main reasons, if not the main, that he won't let go of me. I give him 100% full financial backup from my business for ?our? two other businesses, which I also help him run. I refer to my business as my own because it is a school and he has no idea of what to do there with the exception of helping me make out receipts when my secretary isn?t there. He hasn't ever paid for food, bills, clothing, education, house service or the house itself. But in all fairness, the money he makes is reinvested, not ill spent. As you can see, you can't just assume anything and should have asked before judging. I think the financial part of my situation is intrinsic in my case since I stand to lose almost eight years of investments and hard work by my leaving, but I am willing to let him have everything. His problem is that he counts on my financial backup to the point that he probably can?t make it without it.
So before you or anyone else asks, why?? I owe it all to a nice strict upbringing that not even seeing freedom all around me as I grew up, could I ever embrace it. The nice old school that says men lead and women follow, even if it is into hell is so ingrained in my skull along with the fairy tales that I have let half my life flash by without really questioning it.
He isn?t a bad person at all. He is a good father and his only fault is being the product of a broken home in a male dominated society where your manhood is judged by the amount of women you can acquire, hence the trust and love I once felt have disintegrated. He shows me off not for the inner qualities I may possess but for the outward beauty others find in me; And frankly, the last time I checked, I thought one's standards should be a bit higher than, "he doesn't beat me, so why should I complain?"
Amber
 
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Amber

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Fabio, if the father can travel to the US to see the children whenever he wishes and I agree to send them here during vacations, would my moving them out of the country still be considered abduction if I don?t inform him of my plans beforehand? I am having a really awful time getting him to understand that I don?t believe we can work things out.
Thanks again,
Amber
 
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