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Kidnapping and Abduction - Including your own kids!

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Kidnapping and Abduction are crimes.   Serious stuff.

But this topic can also be relevant to custody cases.

We give you all the law including helpful tips and procedures.  We deal with . . .

  • The criminal law aspects
  • The family law aspects

You need to know the criminal law as well as the law which will be relevant to you in the Family Court if children are involved.

The Criminal Law.

Everyone knows what kidnapping is generally.   Everyone probably saw Mel Gibson in the movie   "RANSOM".     So you know what the usual type of kidnapping is all about. 

If you're caught,  you go straight to jail.   You do not pass go.   You do not collect $200.

The criminal law relating to kidnapping is set out in Sections of the Crimes Act 1961.

But we provide you with the full text of the three relevant Sections below. 

However,  if you want to scan the full, very lengthy Crimes Act, follow the link directly below.

We provide you with a direct link . . . .

Statutes
Statutory Regulations
Local & Private Acts

KIDNAPPING

Section 208 of the Crimes Act 1961

Every one is liable to imprisonment for a term not exceeding 14 years who takes away or detains any woman or girl, whether she is married or not, without her consent, or with her consent obtained by fraud or duress, with intent —

(a) To marry her or to have sexual intercourse with her; or

(b) To cause her to be married to or to have sexual intercourse with any other person.

209.  Kidnapping  —

(1)   Every one is liable to imprisonment for a term not exceeding 14 years who

unlawfully carries off or detains any person without his consent, or with his consent obtained by fraud or duress, with intent —

(a) To cause him to be confined or imprisoned; or

(b) To cause him to be sent or taken out of New Zealand; or

(c) To hold him for ransom or to service.

(2) A child under the age of 16 years shall be deemed to be incapable

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Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"dear Netlaw,

My partner and I found all your family sites really good. We are fighting a maintenance and custody dispute with his ex and we cannot get legal aid so we are trying to go it alone and your site really helps. The judge actually commented on our documents saying that they were good. Thanks again . . . . Tuia"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"This topic delivered what it promised. Documents and ideas and some tips. I was happy. Miriam (Not rael name, but name supplied) Hamilton."
"I see that the documents posted on the Family Court of New Zealand now differ to the ones posted on your site, example form A4 consent to adoption -http://www.justice.govt.nz/courts/family-court/documents/forms/pdf/A4.pdf/view?searchterm=form%20a4
It asks for different information on the front page, e..g deponent and with or without notice, what does all this mean, and how do I complete this part of the form?
Do you have a sample of one of these forms completed?
Regards
Steve"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Has the law now changed? You used to be able to apply for a disqualification removal after 6 months of any disqualification. Dave H. - Albany

NETLAW replies: Yes. That ability has now gone. You need to read this topic carefully and note that there has been a law change,"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
". . . . bloody helpful for me to get through the thicket of Rules and procedures . . . Frankie - Tauranga - February 2007"
"I just want to agree . . . JCH - Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Great coverage. Keep updating the whole website, Netlaw. Barbara K - Hamilton"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Great coverage. Keep updating the whole website, Netlaw. Barbara K - Hamilton"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
"

"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch.

Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)

"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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