Kidnapping with consent (lame kidnapping)?

[Grumblefish]

Does anyone know what the law in Australia has to say about kidnapping?

What I'm thinking of is a case of a girl being collected by her brother and taken abroad (with her in full agreement, of course). The girl would be a minor, her brother an adult. One parent is dead, and the other remarried. The surviving parent would most likely have a problem with the girl nicking off.

However, there is one other addition. The parent is a citizen of the UK, and a citizen of Australia, and has claimed each one. The brother is a citizen of all those countries, and is also a citizen of the US, and carries all three passports. The daughter has only claimed an Australian passport, but is eligible for the US and UK one (documentation is all available). The girl would be heading for the US.

How illegal is this?

Also:

:elefant:

[munganah]

ok, as far as I know this would be classed as kidnapping 'cause they don't have the parents expressed permission to take her out of the country,(I'm pretty sure you can't take a minor out of the state that they reside in without the parents permission).They would easily make it out of australia 'cause she wouldn't be reported missing until after they left.I suppose it really depends on how "desperate " someone is to leave a situation as to how easily they would be caught again once in the usa,bearing in mind america is a pretty easy place to get "lost" in.

[Grumblefish]

ok, as far as I know this would be classed as kidnapping 'cause they don't have the parents expressed permission to take her out of the country,(I'm pretty sure you can't take a minor out of the state that they reside in without the parents permission).They would easily make it out of australia 'cause she wouldn't be reported missing until after they left.I suppose it really depends on how "desperate " someone is to leave a situation as to how easily they would be caught again once in the usa,bearing in mind america is a pretty easy place to get "lost" in.

I don't know how they'd get caught in the US, though, because the girl would be a different citizenship than the parent. I don't know what would happen if the girl is a US citizen, living with family who are also US citizens, when a foreign parent tries to reclaim her. There'd be no fancy lawyer, either, as the parent doesn't have money to spare.

Anyway, hiding wouldn't be an option, the girl would of course need to continue schooling and resume a regular life.

[oggy]

might pay to check to see if there are any court orders by anyone for the child, i have been thru a similar situation, let me explain, my ex wife and i had a court order stating custody and visitaion rights etc, 1 weekend while i had my daughter my ex wouldnt collect her and was demanding that i return her, i decided that i would not give in and told my ex if she was not collected she would start school where i lived, on the tuesday after that weekend i enrolled her and decided that i would have her live with me, the ex turned up that aternoon with a copy of the court order and some other documents from her lawyer stating that i had breached it by not having her returned, and she took her home. i then persued custody of the child and battled thru courts for 6 months to end up where i started, so if any orders are in force it could be illegal,as far as if there are no court orders, then who would be the custodial parent? age of the child does matter too, i think the legal age a child can decide is 10 yrs.i am in australia.

[Grumblefish]

The custodial parent would be the surviving parent, whom she lives with.