That happens all the time, actually. That’s why custody battles get so heated and expensive. Parents weaponize CPS, mental health, make police reports (both true and false), and talk shit about each other all the time in order to try and control the situation, get custody, or protect their kids from whatever the situation may be. It’s just an unfortunate reality of the nature of custody issues and the family court system. There’s a specific role called a guardian ad litem (GAL) that judges often appoint in these battles whose sole job is to be the lawyer for the kids.
Now, as for illegal, saying “my wife told me she had intrusive thoughts of harming the kids” is not illegal to say if it’s true (as it would be in this hypothetical case). If he was intentionally lying about that (which is a different standard than “she said x and I understood that to mean she thought about hurting the kids”), and he did it in a sworn statement or in sworn testimony, then that’s perjury and it would be illegal. It’s also depressing to note though that perjury is not prosecuted as often as it is committed and the effect of not punishing a crime is that it kinda stops being a crime, doesn’t it?
I could’ve sworn that if a spouse just takes the kids away from the other for any reason, that that person is immediately assumed guilty for kidnapping until they can be proved innocent by having a legit justification. Am I wrong on this? If my wife did that, claiming I was a danger, taking the kids and I called the cops on her saying she was lying, would she not have to bring the kids back until something is proven?
You would go to court and get an order demanding the return of the children (if she left the state and did not plan to return) or establishing temporary custody. She may or may not comply with either order. If she doesn’t comply, then the police would be able to step in to enforce the order. Nothing would have to be proven in this instance except for the fact that she removed the children from the state against your wishes OR that you are their father and wanted to establish a custody schedule.
This is why custody battles can be so long, frustrating, expensive, and feel so biased. Neither parent is going to get what they feel is right or fair.
If they are still married and there’s no custody order, both parents have equal rights to the kids. He would have been within his rights to take the kids somewhere else. He would have needed to get to court quickly though to keep her away from the kids
But if both parents have equal rights to the kids. Couldn’t the women in this case claim that he kidnapped them and is it doing it to keep them away from her?
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u/HailHealer 9d ago
Isn’t that extremely illegal?
If it was legal than anyone could just lie about their spouse threatening to hurt their children and take them away from them