541 N.E.2d 1011, 405 Mass. 550, Com. v. Beals, (Mass. 1989) (defendant not guilty of kidnapping where there was "lawful authority")   The defendant argued that If there is no lawful authority, there is no "fair warning" that the action of a parent in these circumstances constitutes a crime.  The court agreed with the defendant's argument.

To keep the child(ren) during the time you were to have him/her/them, your wife would have gone to court for a modifed order.  I doubt that you can find a DA to bring charges,, but there is no harm in trying.

 

Chapter 265: Section 26A Kidnapping of minor or incompetent by relative; punishment

  Section 26A. Whoever, being a relative of a child less than eighteen years old, without lawful authority, holds or intends to hold such a child permanently or for a protracted period, or takes or entices such a child from his lawful custodian, or takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution shall be punished by imprisonment in the house of correction for not more than one year or by a fine of up to one thousand dollars, or both. Whoever commits any offense described in this section by taking or holding said child outside the commonwealth or under circumstances which expose the person taken or enticed from lawful custody to a risk which endangers his safety shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment.


Mike Carusi wrote:

A woman not allowing visitation is 'parental interference' if you could ever get anyone to listen.  A non-custodial parent not returning the child on schedule is 'kidnapping'.  But seriously, it IS a civil matter and the police have no authority to do anything about it, although they frequently will.  I had a standoff with 2 Upton police for a solid hour, ruined a Friday night visit leading into the weekend, but I prevailed.  I told them they had no authority and they knew it.  They pressured and pressured but I didn't give in.

 

----- Original Message -----

From: Mark Charalambous

To: FATHERS-L@HOME.EASE.LSOFT.COM

Sent: Wednesday, September 28, 2005 10:42 AM

Subject: Re: Alex Baldwin in middle of visitation problems

 

Indeed, the news account trhat I saw had some expert comment and answer the question about enforcing visitation orders.  The person (a man) simply answered incorrectly, saying that police will enforce the order etc.

We all know the police will say to a dad being denied visitation, "Sorry, there's nothing I can do,"  while when the shoe is on the other foot and mom is requesting help will bend over backwards to ensure that the terms of the order she is pointing out to them will be enforced.

Just another example of the lies propagated throughout the media and academia and in Statehouse, etc, regarding what really happend in custody battles.

Bob wrote:
 

 

Since when do police stations do anything about this?. I have been told this is a "civil" matter and they will rightly tell you to get lost and file a contempt complaint in court.

 

I filed a contempt last month when wife refused to share holiday time "equally" (dictated 3-5 hours at her convenience one holidays and no overnights)

AND ALSO NEVER ONCE gave me "additional reasonable time with notice" as required by the court order.

Not only did the judge find her not in contempt when she admitted all this on the stand, he issues a Sua Sponte order that reduced my time with the kids to "5 hours" on holidays because I had the never to try and enforce the BULLSHIT little time I already have with my kids.

 

It would seem this is the judge's way of whacking me when she is clearly in contempt. WHAT A SYSTEM!!!

Family court clearly only works in favor of females, no matter what you are talking about and they make this clear to the women so they can do whatever they want no matter what the orders say.

"I'm not going to lock up a single mom" when was this last time a single dad got away with contempt or anything else anything because he is a single dad? I venture to say probably never.

Bob

 

 

 

 

---

From: The Fatherhood Coalition [mailto:FATHERS-L@HOME.EASE.LSOFT.COM] On Behalf Of Barbara C. Johnson
Sent: Monday, September 26, 2005 7:39 PM
To: FATHERS-L@HOME.EASE.LSOFT.COM
Subject: Alex Baldwin in middle of visitation problems

 

Alex Baldwin went to police station and filed complaint that ex-wife, Kim Bassinger (sp?), violated order by not letting him see children.
Someone should contact him to find out if he can/will help with cause.

 

--
 

Barbara C. Johnson, Advocate of Court Reform and Attorney at Law
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833

email: barbaracjohnson@worldnet.att.net
False Allegations: http://www.falseallegations.com
Participating Attorney: http://www.lawguru.com/cgi/bbs2/user/browse.shtml
Campaign 2002: http://www.barbforgovernor.com
-----
The judicial system is very broken. It must be fixed.
There are four people who can do the job:
Everybody, Somebody, Anybody, and Nobody.
Everybody thinks Somebody will surely do it.
It is a job Anybody can do. But Nobody is doing it.
At least I'm trying. What are you doing?

"Women are not men's life partners, but rivals favored by law."
                 Paul Craig Roberts, in "The Wars We Can't Afford to Lose,"
                 citing Professor Richard T. Hise, The War Against Men