Watante and Maimuna had Gaby and Gabe as their only children before their relationship fell apart. However, word reached Watante that Maimuna was going to marry a Muzungu. Watante decided that another man was not going to raise his children, so he waited while Maimuna was at the market and forcefully took the children from the babysitter. Maimuna reported him to police for kidnap and the police is currently looking for him, but they are also confused about the situation. Can a parent kidnap their own child?
WHAT DOES THE LAW SAY?
Kidnapping is the act of abducting someone and holding them captive. By law, it is a serious offence (felony) to remove a child from access to or from lawful guardianship. If convicted, the punishment is 10 years or more of imprisonment.
CAN A PARENT KIDNAP HIS OR HER OWN CHILD?
No, a parent cannot also kidnap their own child. By law, a parent has a right to live and be with their child. However, if the courts of law determine that the parent is a danger to the wellbeing of the child, then that parent can lose the right to live with and have access to their child. If this happens, and that parent thereafter takes the child from the custody of the person with authority to look after the child, then that parent can be said to kidnap their own child. If there is no order stopping one parent from seeing their child, then both parents have equal rights and access to a child.
Therefore, it would be wrong for one parent to stop another from having equal access to the child. To avoid any misunderstandings, it is very important to calmly reach mutual settlement about their parental rights. Remember everything should be done in the best interests of the child.
📷: Pixabay
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