Ellis says that Simon and Tracy are being charged with kidnapping in the second degree, and are facing serious time because it is a class B felony. However a parent cannot be charged with kidnapping for taking their own children for the sole purpose of regaining control. New York Penal Code, Article 135, Section 30 states: "In any prosecution for kidnapping, it is an affirmative defense that (a) the defendant was a relative of the person abducted, and (b) his sole purpose was to assume control of such person."
When Detective Amaro walks into the precinct, he takes off his jacket and his keys get thrown to the ground and make a loud noise. Everyone ignores this and he does not try to retrieve the keys.