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Actually if I'm not mistaken, unless the court ordered her not to leave the state or custody has already been decided, it isn't kidnapping.
There are TONS of cases out there where one parent disappears in the middle of the night with the kids to avoid a custody battle, and it isn't kidnapping because they're the legal parent of the child.
The law doesn't say you have to tell your spouse where you're going with the kids.
Usually the offending parent is guilty of contempt for not showing up for the custody/divorce hearings, but not guilty of kidnapping.
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