Quoting Faith1LovesMLP:" I'm not sure how you could be arrested for kidnapping when you and your child are in the country illegally. "
yeah i was thinking....if you're there illegally and you leave to go home i don't think he can get you in trouble. you're just going home...whether he chooses to come or not is up to him. you're basically going home from vacation but he's choosing to stay. i don't think you will get in trouble at all. is a family member going to pay for you to go back home? if so i'd book a flight and be on my way.