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 Minnesota, child abduction is taken very seriously, and the state differentiates between abduction by a stranger and by a parent. 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 or retains a child in violation of an existing child custody order, it is considered a crime, often referred to as 'interference with child custody' or 'depriving another of custodial or parental rights.' Minnesota Statutes Section 609.26 outlines the penalties for this offense, which can range from a misdemeanor to a felony, depending on the circumstances. If there is no custody order in place, and the parents are not living together, taking the child may not be immediately considered a criminal act, but it can quickly become one if the parent crosses state lines or if their actions are in defiance of a court order. Additionally, 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 another parent's custodial rights.