Husband says he will charge me with kidnapping.
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Navigation »Talk About Marriage »Focused Topics »Coping with Infidelity » Husband says he will charge me with kidnapping.

Coping with Infidelity Relationship recovery from the destructiveness of infidelity.

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Old 06-20-2012, 09:03 PM   #1 (permalink)
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Default Husband says he will charge me with kidnapping.

I don't know if you've read my first thred, but long story short, I caught my husband having numerous EA's (one probably already a PA). I left to my parents house 3 days ago. Police had helped me leave due to husband drinking, making threats to throw my stuff on lawn if I wasn't out by the time he got home. The police put me in a hotel that night with my son. My father came to get me the next morning. I've been here for 3 days and going to courthouse tomorrow to fill out custody forms. I'm now receiving threatening emails saying that I'm denying him access to his son and that I have until Monday to communicate with him, or he is pressing parental kidnapping charges. Can he do that if he'ks the one that wanted us to leave in the first place? By the way...in Ontario, Canada. I even have the police incident number from the police that helped me out of there. Is it kidnapping?
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Old 06-20-2012, 09:05 PM   #2 (permalink)
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I don't know if you've read my first thred, but long story short, I caught my husband having numerous EA's (one probably already a PA). I left to my parents house 3 days ago. Police had helped me leave due to husband drinking, making threats to throw my stuff on lawn if I wasn't out by the time he got home. The police put me in a hotel that night with my son. My father came to get me the next morning. I've been here for 3 days and going to courthouse tomorrow to fill out custody forms. I'm now receiving threatening emails saying that I'm denying him access to his son and that I have until Monday to communicate with him, or he is pressing parental kidnapping charges. Can he do that if he'ks the one that wanted us to leave in the first place? By the way...in Ontario, Canada. I even have the police incident number from the police that helped me out of there. Is it kidnapping?
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Not a lawyer - but I was told you each have equal rights to child unless there is an order in place. That said, you should set up custody immediately.
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Old 06-20-2012, 09:15 PM   #3 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

Find a lawyer ASAP, show him the police report and copies of his emails.

In the mean time start reading your province's laws regarding what constitutes parental kidnapping, how you can counter it and how you can use the police report for a better a better child custody/support.
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Old 06-20-2012, 09:23 PM   #4 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

Lawyer here, but not Canadian.

I would say his threat is laughable.

First, police/prosecutors bring charges, not private citizens. No prosecutor would charge this.

Second, as another poster mentioned, you are a custodial parent and can take your son where you want, absent a court order.
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Old 06-20-2012, 09:32 PM   #5 (permalink)
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Lawyer here, but not Canadian.

I would say his threat is laughable.

First, police/prosecutors bring charges, not private citizens. No prosecutor would charge this.

Second, as another poster mentioned, you are a custodial parent and can take your son where you want, absent a court order.
Thank you, I think he's just trying to frighten me...I will try to see if the police can fax the reports to where I am now living. I will be going tomorrow to start the custody forms and legal aid for support. I already have his emails printed off. My son has also stated that he likes where he is now(and no, he was not coached) and he hasn't even mentioned his father. Can I get in trouble for not communicating with him right now? He's being degrading and vindictive and I have other things to worry about right now.
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Old 06-20-2012, 09:34 PM   #6 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

It's ridiculous. He's no more than a bully.
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Old 06-20-2012, 09:37 PM   #7 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

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Thank you, I think he's just trying to frighten me...I will try to see if the police can fax the reports to where I am now living. I will be going tomorrow to start the custody forms and legal aid for support. I already have his emails printed off. My son has also stated that he likes where he is now(and no, he was not coached) and he hasn't even mentioned his father. Can I get in trouble for not communicating with him right now? He's being degrading and vindictive and I have other things to worry about right now.
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Ignore this a-hole.
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Old 06-21-2012, 12:37 AM   #8 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

What state/country do you live in?
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Old 06-21-2012, 12:48 AM   #9 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

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By the way...in Ontario, Canada. I even have the police incident number from the police that helped me out of there. Is it kidnapping?
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Old 06-21-2012, 12:49 AM   #10 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

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Lawyer here, but not Canadian.

I would say his threat is laughable.

First, police/prosecutors bring charges, not private citizens. No prosecutor would charge this.

Second, as another poster mentioned, you are a custodial parent and can take your son where you want, absent a court order.
If the Canadian legal system is still fairly close to the UK system then it would be possible for a private citizen to bring a prosecution.

In the UK they are called Private Prosecutions.

See a solicitor ASAP.
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Old 06-21-2012, 12:58 AM   #11 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

Then you had better listen to golfergirl, she's the ex canadian cop. And get a lawyer ASAP.
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Old 06-21-2012, 01:21 AM   #12 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

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If the Canadian legal system is still fairly close to the UK system then it would be possible for a private citizen to bring a prosecution.

In the UK they are called Private Prosecutions.

See a solicitor ASAP.

It'll be expensive for him if he did this.
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Old 06-21-2012, 09:04 AM   #13 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

Thanks for updating us. Stay safe.
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Old 06-21-2012, 09:13 AM   #14 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

Keep the texts he sends you, don't respond to him at all. No texts back, don't anwser phone calls.

Go see an attorney and get statements from any and all witnesses.
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Old 06-22-2012, 02:50 PM   #15 (permalink)
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Default Re: Husband says he will charge me with kidnapping.

And keep a VAR on you at all times
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