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, 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 or retains a child in violation of a court-issued custody order, it is considered a criminal act, often referred to as 'custodial interference.' Washington law (RCW 26.09.300) makes it a felony or gross misdemeanor to take, entice away, keep, withhold, or conceal a child from another parent when a custody order is in place. If there is no custody order and the parents are not living together, the situation may be more complex, and the act may not be considered criminal. However, taking a child across state lines can elevate the act to a federal offense under the Parental Kidnapping Prevention Act. Additionally, international parental kidnapping is a federal felony under the International Parental Kidnapping Crime Act (IPKCA), which makes it illegal 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.