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I don't see why that is considered a stupid plot point.
We don't know who has custody of his children. It seems obvious it isn't Michael Caine since he lives and works in France while the kids still live in America. So if whoever has the kids doesn't want them taken to France, that would be kidnapping.
And if DiCaprio wanted his kids mixed up in his life on the lam he could have just taken them with him to begin with.
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