My professor is giving us this question for class with the following prompts...
Suppose the following of Victim (child) is true:
- born premature due to the mother not going on bedrest as recommended
- spent more documented time with parent B without any evidence of child abuse
Suppose Parent A is married and the biological parent :
- made made multiple threats to take the child and deny the spouse/parent from ever seeing the child.
- history of assaulting the other parent and then taking the child away and refusing to return.
- filed a domestic abuse charge against the other partner mentioned filing assault charges
- talked to lawyers for over 2 weeks before making a decision.
- refused to wear masks in public or at work (hospital)
- refused to require masks to be worn around the child
- frequently puts the child in the care of others for 4-6+ hours without masks
Suppose Parent B is married to Parent A and the biological parent:
- no prior arrest history
- previously a certified lifeguard
- has several finger clearance cards to work with children in an unsupervised capacity
- CPI certified (Crisis Prevention Intervention) with a strong history of preventing adolescent and adult suicide attempts and successfully escalating homicidal patients during a psychiatric emergency
- Certified teacher and industry expert by the state
- has evidence of the kidnapper admitting to throwing laundry at them in the middle of night of the original assault (to deny the spouse sleep)
- text-messages confirming she hit them (claiming defense)
- was arrested due to the accusation, orders of release were issued (no face-face but communication allowed)
- no additional orders of protection were filed, no pre-trial or conviction on the charge has taken place.
- other parent has spent the majority of the time (documented) with the child and there is zero history of child abuse
- Claims that Parent A was emotionally and psychological abusive for years resulting in job lose, isolation from his family, among other factors.
- Claims to be the primary caretaker, with more documented hours with the child before and after the wrongful arrest took place
- Submitted evidence proving beyond a reasonable doubt the kidnapping took place after talking to lawyer
- Claims the relocation was done in order to inflict emotional trauma, claim status of primary caretaker by abducting the child for over a month before custody was legally established
- Claims the opposing lawyers acted like hostage negotiators and has submitted phone records suggesting the lawyers coordinated the kidnapping, took advantage of the courts being shut down, and lied on two signed affidavit about key dates in order to mislead the court.
What criteria would the judge use to determine whether or not a kidnapping took place and whether or not there was an attempt to mislead the court?
Found this article and I was wondering is this is relevant in others states like CA,AZ or FL?