Child abduction is the offense of wrongfully removing, retaining, detaining, or concealing a child. There are generally two types of child abductions: child abduction by a parent and child abduction by a stranger. Child abduction by a stranger is always a criminal offense.

But the more common type of child abduction is by a parent—often during or after a divorce or other domestic strife. Laws on child abduction by a parent vary from state to state, but if there is no child custody order from a court in place, and if the child’s parents are not living together, one parent’s taking of the child may not be a criminal offense (crime). But many states make it a crime for such a parent to travel across state lines with the child—and in some states it is a felony offense. And if the parent’s taking or abduction of the child violates a child custody order, it will often be a criminal offense—sometimes called interference with child custody.

And federal law prohibits a parent from removing a child from the United States, or keeping a child in another country with the intent to obstruct another parent’s custodial rights. This crime is known as international parental kidnapping, and it is a felony offense.

In California, child abduction is taken very seriously, and the state has specific laws addressing both stranger and parental abductions. Under California Penal Code Section 278, it is a crime for any person to maliciously take, entice away, keep, withhold, or conceal a child with the intent to detain or conceal them from a lawful custodian. This applies to strangers and, under certain circumstances, to parents as well. If a parent abducts a child in violation of a custody order, it is considered child abduction and can be charged as a crime under California Penal Code Section 278.5. This law makes it a felony for a parent to take a child from the legal custodian when they have no right of custody. Additionally, the state adheres to the federal International Parental Kidnapping Crime Act (IPKCA), which makes it a felony for a parent to remove or attempt to remove a child from the United States, or retain a child outside the country with the intent to obstruct another parent's custodial rights. It's important to note that if there is no custody order in place and the parents are not living together, one parent taking the child may not necessarily be a criminal offense unless it crosses state lines or involves other aggravating factors.