Could a Crime have been Committed
Full Question:
Answer:
I am prohibited from giving a legal opinion. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Assault involves an attempt to cause physical harm to another. It may be intentional or by extreme carelessness. Throwing someone across a driveway may be considered assault, especially if not done in self-defense. Attempting to run someone over with a car may also be considered assault. A person who lacks rights to custody and forcefully takes a child from another who has lawful custody and is not placing the child in harm may be charged with kidnapping or unlawful interference with custody. A grandparent typically needs a court order to have custodial rights. Child endangerment involves actions that unreasonably place a child at risk of harm.
It will be up to law enforcement to decide whether to press charges if you decide to file a complaint. They will need to have more than a mere suspicion that a crime is committed to have probable cause for an arrest. If an arrest is made, it will be up to the court to decide if
the arrest was made on reliable, objective evidence.
The overall factor considered in a custody dispute is the best interest of the child. If a parent has been convicted of child endangerment, child abuse, or kidnapping charges, it is a factor that may be considered by the court. The court is empowered to consider any factor
that bears on the child's welfare. I suggest you contact a local attorney who can review all the facts, documents, and circumstances involved.