[Dad-4-kidzs]

Mom has interim custody of a 16-year old, dad has minimal twice-yearly access due to 6-hour flight time distance.

My daughter expressed her wish to move out of her moms home back to her dads, and mom refuses to grant the request.

Instead, mom kicked her daughter out of the house, and called the police to ensure air travel was not possible (she tried, police refused to allow her on the plane). She is with her grandpa now. So, the child can go anywhere but with dad, this is moms wish.

Mom refuses the child phone and Internet access and traditionally punishes the child if such calls show up on her cell bill.

My daughter was here for three weeks, mom opposed the visit, but did not phone the police. Travel to and from alone was no problem, and the airlines did not ask for travel permission from my daughter.

I made an application to first get travel permission to get my daughter to the court house to testify to complete the order variation due to change of circumstances and untenable parenting environment.

What I am terrified of is if a judge decides a short summary application (a short 2-hour summary application was what created the damage in the first place) is insufficient and forces a long wait for either a full trial, and / or a 9-month wait for a custody assessor to "convey" the wishes of the child.

The question are, is there an age a child can simply hop on a plane, go where she wishes and choose which school she wants, but that custodial parent still remains financially responsible.

From what I understand, if that child stays with the other parent in this circumstance, it is called parental kidnapping.

If the child stays with at a friends home or apartment, regardless of what the custodial parent says, well, tough, that is the child's choice, and the parent cannot force the child to live at home but is still legally obligated for support.

Is there an easy answer to all this? Say, at age 16, what the child says goes, or are there clear limits in which her mobility can be restricted under specific circumstances as I've outlined?

[ScottGem]

1) A child can't decide. Until she is 18 the court decides for her. At 16 her wishes will be listened to and given significant weight, but its still up to the court.

2) This doesn't come close to parental kidnapping. Parental Kidnapping is where a child is hidden from the other parent.

3) any question on law needs to include your general locale as laws vary by area.

I don't understand how the police can restrict her from getting on a plane. Plus if the mother kicked her out, the mother would be breaking the law, by not taking care of a minor.

[N0help4u]

This looks more like an issue of neglect and dad should take this to court.

[AK lawyer]

The question are, is there an age a child can simply hop on a plane, go where she wishes and choose which school she wants, but that custodial parent still remains financially responsible.

I suspect that what happened is this: Mom called the police and said "I have custody. My daughter is trying to get on the plane. I don't want her to." In other words, the police didn't know that the mother had kicked the daughter out of her house and thus was arguably neglecting her.

It wouldn't be "parental kidnapping", but it might be custodial interference, depending on the law of whichever state the mother and daughter are in.

[Fr_Chuck]

So a good dad, drives there, picks her up and takes her home ? What is the issue if he needs to.

[AK lawyer]

so a good dad, drives there, picks her up and takes her home ? what is the issue if he needs to.

Six hours' flight time means he is on the other side of the country. At almost $4/ gallon, two plane tickets might be not much more expensive.