pro_auto_advisors t1_j2in7iq wrote on January 1, 2023 at 4:55 PM

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

Not a lawyer but this is an important distinction.

Is it a court ordered agreement, or merely an agreement between the two of you that was notarized?

The fact that it is notarized doesn’t necessarily make it legally enforceable. If it came from a legal authority then the story is different.

Please seek legal counsel to understand your options.

SpindriftRascal t1_j2jvzzu wrote on January 1, 2023 at 9:51 PM

No; the story is the same. The federal statute criminalizing international parental kidnapping treats custody the same “whether arising by operation of law, court order, or legally binding agreement of the parties.”

OP - do not take legal advice from Reddit. Not even from lawyers on Reddit. They’re often wrong.

ItalianMama95 OP t1_j2jtfdz wrote on January 1, 2023 at 9:34 PM

We don’t have any custody agreements through the courts. We both have joint custody right now

LackingUtility t1_j2jvgz6 wrote on January 1, 2023 at 9:48 PM

Then your notarized agreement means nothing, and you can’t get kidnapping charges. If he ex tries, the cops will say it’s civil, not criminal, and to take it up with the court.

If you come here and endanger your kid by sleeping in your car in a New England winter, you probably will lose the kid though. If they survive, that is.