Is it kidnapping?

Amber · #1 01-24-2003, 12:58 AM

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,

Tony C · #2 01-24-2003, 09:31 AM

I don't know the "Legal" ramifications of Taking the children out of the country but Morally it is Kidnapping and child abuse!

Tony C.

Dominican Babe · #3 01-24-2003, 09:55 AM

Seems to me you need to talk to a lawyer before you do anything at all.

Ken · #4 01-24-2003, 10:10 AM

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

andy a · #5 01-24-2003, 11:32 AM

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.

sjh · #6 01-24-2003, 01:18 PM

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...

andy a · #7 01-24-2003, 01:53 PM

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.

sjh · #8 01-24-2003, 02:07 PM

andy a, I realize that however I thought it might be of interest as it is a related topic...

JOHNNY HONDA · #9 01-24-2003, 02:17 PM

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.

Criss Colon · #10 01-24-2003, 03:19 PM

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!!!!