Legal Question in Family Law in Illinois
Visitation of ''Kidnapped'' Children
A friend's wife left him unexpectedly with another woman and took along their 6 and 13 yr. old sons in July. They went to Michigan and remain there. He has not been allowed to talk to his sons nor has he seen them since then. He desperately wants to see them, and has Christmas presents for them. She threatens to call police if he shows up. He was told that he can not charge her with kidnapping because he knows where they are and crossing the state line ''muddies the waters''. If he were to show up, could she have him arrested and on what grounds? Could he legally bring his boys back ''home''? He, of course, doesn't want a big scene before the boys, or to be arrested. Is she just throwing out idle threats, or is there some validity to it? Is there anything to prevent him from ''retrieving'' his children? Please help! Thanks in advance.
1 Answer from Attorneys
Re: Visitation of ''Kidnapped'' Children
Instead of doing anything on his own, he would probably benefit the most by pursuing this in court. You do not say who told him he couldn't charge her with kidnapping, but anyways, he has a right to see the kids, however it's easiest to enforce this right when there is a court order to back it up.
It sounds like your friend is concerned about what is best for his kids, as a result I don't think going to forcefully retrieve the kids is going to be beneficial to the kids.
I happen to be in Michigan and licensed both in Michigan and Illinois, and would be happy to speak to your friend about this if he would like to speak to an attorney.
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