Legal consequences of leaving with a child?

Questioner

I have a friend and she wants to leave her boyfriend, but she is being manipulated very much by him, because he says that if she leaves him she will never see her daughter again and he will destroy her. My question is, would she be able to leave with her daughter without further legal consequences for her and what could she do then?

Lawyer

Leaving with a child without the other parent’s consent can have serious legal consequences and could be considered child abduction. It is therefore important to first understand the legal situation before taking action. If your friend is married or if she and her partner share custody of the child, she cannot leave with her daughter without her partner’s permission. If she does, her partner can apply for a court order to have the child returned. In addition, she could face criminal charges for child abduction. If your girlfriend is not married to her partner and they do not share parental authority, she is in principle entitled to leave with her daughter. However, if her partner is the father of the child, he does have the right to contact the child. It is therefore important that your girlfriend understands the legal implications and seeks legal advice if necessary before leaving with her daughter. If your friend is afraid of her partner and fears for the safety of herself and her child, she may want to consider applying for a protective order from the court. This can protect her from abuse, threats and intimidation by her partner. It is also advisable for your girlfriend to contact an attorney who specializes in family law. An attorney can help her understand her legal rights and options and can guide her in taking the appropriate steps to protect herself and her daughter.