You asked two questions

1. regarding grandparents taking the child, in US and Canada it is kidnapping. Most child kindappings reported in US are by family members, including divorced parents and grandparents.

At least in US, the parental right to children is almost absolute. In the case of Troxel v. Granville, the United States Supreme Court invalidated a state law allowing court ordering grandparent visitation over the objection of a divorced mother, stating a parent's fundamental right to the "care, custody and control of their children" was "at issue in this case."

2. Regarding divorced father sending child out of the country. During a divorce, if both parents are "normal" people, the court usually orders "joint custody" with one parent as primary caregiver. Joint custody usually have a time sharing schedule with the children, it also means even though the parents are separated, they still make decisions together regarding children's care and education. Therefore, one parent cannot make major decision such as sending the child out of country without the consent of the other parent.

If that happens, it is still considered as kidnapping.

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回複:You asked two questions -倆寶媽媽- 給 倆寶媽媽 發送悄悄話 (10 bytes) () 03/10/2014 postreply 11:57:27

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