Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation.
Actually, the mother's threats here are empty. Allow me to explain:
1) Normally, an interference of custody charge is a serious matter in Montana, under Mont. Code Ann. § 45-5-634(1)(a) et seq
2) However, no prosecutor is likely to press this matter for the flowing reasons.
3) The child is now eighteen
. She is an adult.
4) The child was returned. The child was not "kept." There was no intention to take the child.
5) This happened in 2011. Over two years ago.
6) She never filed a complaint earlier. Now, her 'claims' would be very doubtful.
A prosecutor has to be able to convict 'beyond a reasonable doubt.' There is almost no way that a jury unanimously would vote to convict here. The prosecutor knows this, and is unlikely to ever press charges even if she files a criminal complaint
. My guess is that this would simply be closed two days after she filed it. The police would never even forward this to the prosecutor for consideration.
In short, her claims are ludicrous. However, you may wish to mention that you would pursue defamation
as an action against her if she attempts to file criminal charges and would seek legal costs and punitive damages
. This may help her think twice before doing anything.
I highly, highly doubt you have anything to worry about. The child is now an adult. This happened 2 years ago. She was not even kidnapped. This is ancient history. No criminal matter should come of this. The authorities will see this for what it is - a jealous person falsely attempting to use the system as leverage. Heck, she may even be charged with filing a false police report.
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