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 Michigan, child abduction is taken very seriously, whether by a stranger or a parent. Child abduction by a stranger is always a criminal offense. Parental child abduction can also be a criminal offense under certain circumstances. If a parent takes a child in violation of an existing child custody order, it is considered a crime, often referred to as 'parental kidnapping' or 'custodial interference.' Michigan law (MCL 750.350a) makes it illegal for a parent to take or retain a child for more than 24 hours with the intent to conceal the child from the other parent or any other person who has lawful charge of the child. This can be a felony, depending on the circumstances. Additionally, if a parent takes a child across state lines without the proper consent or in violation of a custody order, it may trigger federal charges under the Parental Kidnapping Prevention Act (PKPA) and potentially the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Michigan has adopted. Furthermore, international parental kidnapping is a federal felony under the International Parental Kidnapping Crime Act (IPKCA), which prohibits a parent from removing or attempting to remove a child from the United States, or retaining a child outside the country with the intent to obstruct another parent's custodial rights.