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 Washington State, child abduction is taken very seriously, and the laws reflect this stance. Child abduction by a stranger is, without exception, a criminal offense. When it comes to parental child abduction, the legal situation can be more complex. If there is no existing child custody order and the parents are not living together, one parent taking the child may not immediately constitute a criminal act. However, if a parent takes or retains a child in violation of an established custody order, it is considered a criminal offense, often referred to as 'custodial interference.' Washington law (RCW 26.09.300 and RCW 9A.40.060) makes it a felony or gross misdemeanor for a parent to take a child away from the other parent with the intent to deny access. Furthermore, under federal law, specifically the International Parental Kidnapping Crime Act (IPKCA), it is a felony for a parent to remove a child from the United States or retain a child in another country with the intent to obstruct the other parent's custodial rights. This applies to all states, including Washington, and is aimed at preventing international child abduction.