Mom & dad have issues with custody of 2 year old - but there are no court orders. Dad comes to visit - his mother is with him. Time to leave, and he holds on to child while getting into car (His mother behind wheel) Mother of child gets in also because he will not release child..driver starts off. Mom states would not leave car without child. Arguably Dad has equal right to child at this time. It isn't kidnapping, doesn't really fit unlawful restraint...????

Is the child restrained while in the car? Are the actions of the driver / father unsafe? We've charged a somewhat similar situation as endangering a child as a way to get Dad into counseling, actual work CPS services, etc.

I don't think you have a criminal case. Both have equal right to the kid with no court orders in place. Mom of kid got into car voluntarily and refused to leave without "her conditions" being fulfilled.....(file on her for criminal trespass in the car?????!!!!)

I agree with the idea of looking at Endangering. Although, those can be such hard cases in my opinion. Short of the child dangling under a tire or Grandma playing chicken in lots of traffic while the child is unbuckled....tough case.

Thanks...you are pretty much saying what I thought - although I hate to encourage this type action in custody cases. Driver was being safe, she and her son offered to let mom out anywhere, any time, without 2 year old. Only thing unsafe was lack of a child seat...

As an interesting aside, I received an e-mailed open records request for documents on this situation last night. The request originated from New York.