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Was my child kidnapped? Kidnapping, Unlawful Detention

Discussion in 'Criminal Charges' started by queeng2007, Oct 22, 2007.

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  1. queeng2007

    queeng2007 Law Topic Starter New Member

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    Please help me determine if further legal action is required.

    To make a very long story short for this platform:
    My son, age 9, went to spend the night at a friends. I went to pick him up at a prearranged time. No one was home. I was not notified that the other childs mother was taking my son anywhere.
    Two and a half hours later when I finally got a hold of the woman she infomred me that she took my son with her to a friends and whe would not be returning until 11pm (this was at 8pm) I objected and told her I wanted her to return my son immediately. She refused. I asked her for the address which she also refused. I then told her if my she didn't leave to return my son I would notify the authorities. She didn't!
    The police in my town came and prepared a missing persons file. The officer spoke with the woman and she refused to tell the officer the address of where my child was located and then she hung up on the officer saying she was on her way.
    Two hours after that the police in the town the woman was in called me to tell me they had my son and to come get him, 45 miles away.
    She wasn't charged with anything!!

    My questions are : 1. Was my child kidnapped? (It does appear so, according to Il complied statute 720 ILCS 5/10-1)
    2. Have I been misinformed by the police that no crime was committed?
     
  2. mafioso

    mafioso New Member

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    The thing is the lady cooperated and explained her delay........It is not like she was on the run and did not corporate with authorities. You don't appear to have a contract of rules when she is taking care of your child.....So technically she did not violate any agreement and just left to go take care of something which came up(she does not have to disclose her location to you but must return your child promptly which she eventually did). There was no kidnapping or enough evidence to show criminal intent.
     
  3. CdwJava

    CdwJava Moderator

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    Here is the section:

    (720 ILCS 5/10‑1) (from Ch. 38, par. 10‑1)
    Sec. 10‑1. Kidnapping.) (a) Kidnapping occurs when a person knowingly:
    (1) And secretly confines another against his will, or
    (2) By force or threat of imminent force carries another from one place to another with intent secretly to confine him against his will, or
    (3) By deceit or enticement induces another to go from one place to another with intent secretly to confine him against his will.
    (b) Confinement of a child under the age of 13 years is against his will within the meaning of this Section if such confinement is without the consent of his parent or legal guardian.
    (c) Sentence.
    Kidnapping is a Class 2 felony.
    (Source: P.A. 79‑765.)
    I don't see that the child was taken in secret ...

    The child was not taken by force or threat of force with the intent to confine him against his will ...

    There does not appear to be any attempt to deceive or entice your child away ...

    And there does not appear to be a confinement of the child against his will ...

    Therefore, no kidnapping.

    You are certainly free to never have your child stay with the woman ever again.

    - Carl
     
  4. queeng2007

    queeng2007 Law Topic Starter New Member

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    I read the section, however, CdwJava, item 3 part b indicates that "Confinement of a child under the age of 13 years is against his will within the meaning of this Section if such confinement is without the consent of his parent or legal guardian
    So, according to this she did hold my child against his will because it was without my consent or permission and my son is only 9.
    Also, he was "knowingly and secretly confined" as she did not divulge that she was taking him anywhere and did not readily provide him or his whereabouts when asked by me or authorities.

    Thanx for your input.
    g
     
  5. CdwJava

    CdwJava Moderator

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    You're applying a much broader interpretation of "confinement" than the law likely allows.

    Apparently the police in you locale interpreted the section the same way that I did and concluded that no crime had occurred.

    Kidnapping is about intent, not about circumstances. Depending on WHY she had your child there is what matters, not the fact that she did have your child.

    So, if law enforcement is not going to pursue the matter criminally you are left only with a civil remedy. But, that will require you to pay for an attorney hoping that you might get a payout at the other end for whatever anguish this might have caused.

    You cannot force the police to make a report for kidnapping. And I suspect they understand your state's statutes and the circumstances much better than you or I.

    - Carl
     
  6. vietjohn

    vietjohn New Member

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    Apparently, you only get charged with kidnapping if you are the father of the child. I had a total stranger to me kidnap my child for my ex-wife and neither him or the mother has ever been charged with kidnapping by force (the child was crying, kicking and screaming at the time of the incident), taking the child out of state, hiding the child or even the fact that every time that I locate my child and serve the mother with a judgment or court order to enforce my rights, she files another false protective order against me (even with no contact for 3 years) and utilizes that time during the false protective order to relocate the child again. (4th time).

    I have learned that you can kidnap any child as long as you are not a resident from the state that the child lives in, relocate the child to another state and continue to file protective orders against the child's parent if that parent gets any orders from the court for you to return the child or allow the parent to see the child. Did I forget to mention you can even openly admit in a court deposition to having sex with the child and they will still allow the child to stay with you and in your care, instead of with the child's father.

    What ever happened to the best interest of the child?
     
  7. CdwJava

    CdwJava Moderator

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    Vietjohn, if you have a particular legal issue you wish to post, please start your own thread. Posting on threads that are three years old is not considered proper etiquette.

    Thanks.
     

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