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Can a mother be charged with kidnapping if she hides the child from the abusive father?

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heartbreaker


Arresto Menor
Hi,

I would just like to ask if the mother could be charge
with kidnapping if she escapes with her 1 year old baby?
The husband is abusive, verbally and physically, and has
no intentions of reforming his attitude. He also keeps
a gun in the house. Can the mother be charged of kidnapping?
This information would really help a lot.

Also, if she decides to file a case against the father
would it hurt her case if she leaves the family home witht he baby?

Thanks!

Heartbreaker

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clanwolf


Arresto Menor
It depends. biological mothers have primary custody of children under 7 years old. the charge you are thinking of is "failure to return a minor." the father can be held liable for violation of Republic Act No. 9262. However, the rare exception is if the child has been legally adopted by another and the biological mother decides to take the child. You can also secure protection orders from the court and the barangay. I advise you to go the DSWD office and Women's Desk of the PNP for assistance.

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attyLLL


moderator
as a parent of the child, she cannot be convicted of kidnapping.


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heartbreaker


Arresto Menor
Thank you clanwolf and attyLLL.

Another thing, can a taped conversation be admissible in court for the ra 9262 charges? The father was unaware that the conversation was taped.

Lastly, what are the most useful evidence for the ra 9262? We want to make it very very difficult for the father to gain custody and get away with the physical, emotional and psychological abuse.

Thanks!

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clanwolf


Arresto Menor
generally, taped conversations must be with the permission of the parties in the recording, otherwise it violates the anti-wiretapping act. i would advise against using it. the best evidences in 9262 include, the marriage certificate and birth certificates to show relationship, medical records, affidavits of witnesses, payslips to indicate income of the spouse, blotters of recorded complaints, etc.
the best way to get sole custody is to file legal separation or annulment of marriage with prayer for sole custody and support.

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