What Is Considered Child Abduction by a Parent in California? 2025

Child custody battles can get heated, and it’s often the case that one or both parents don’t agree with the child custody arrangement ordered by the court. That doesn’t mean they should take action on their own, though, as child abduction is a serious crime. Many ask, “What is considered child abduction by a parent in California?”

The Definition of Child Abduction

Child abduction is defined in California Penal Code 278 as the malicious removal of a child from their parent or legal guardian. It’s similar to kidnapping, but there is one crucial difference. While kidnapping is considered a crime against the child, parental abduction is considered a crime against the other parent. The same incident can lead to prosecution for both crimes, however.

Elements of a Parental Abduction

For a parent to be convicted of parental abduction, four elements must be present:

1. The parent must maliciously take, entice, withhold, or conceal the child from their lawful custodian.
2. The child must be under 18 years of age.
3. The parent must not have a right to custody of the child.
4. The parent must intend to conceal the child.

Even if a child consents to go with their parent, if that parent doesn’t have custody, it’s still considered parental abduction. Unlike kidnapping, parental abduction doesn’t require that the child resist or object.

Common Examples of Parental Abduction

Parental abduction can happen at any time until a child reaches 18 years of age. However, it comes up most often during divorce proceedings. Here are a few examples:

• If one parent is awarded sole custody and the other parent removes the child from them, that’s considered an abduction.
• If a divorcing couple is awarded joint legal custody but one parent retains physical custody, it’s illegal for the parent who does not receive physical custody of the child to remove them from the home without permission.
• If one parent is awarded sole custody, but the other one receives permission to spend time with the child on a case-by-case basis, it’s considered parental abduction for the non-custodial parent to not bring the child back to their home following the visit.
• If one parent leaves the state with a child without the permission of the other one, with the intention of preventing them from seeing the child, that’s parental abduction.

It’s important to emphasize that the child’s consent is irrelevant. Even if the child wants to go with their parent, it’s still considered an abduction because the crime is not against the child but the other parent.

Parental Abduction by the Numbers

Each year, more than 200,000 American children are removed from their lawful custodians via parental abduction. While there are no specific numbers for how many of them live in the Golden State, California is known to have a problem with parental abduction.

Most abductors are female, with 58% of the perpetrators of this serious crime being the children’s mothers. Fathers are perpetrators in 33% of cases. Around 64% of the children abducted are between the ages of 0 and 6.

Offenses Related to Parental Abduction

Several offenses are similar to parental abduction. The same incident can fall under multiple categories of crime, and a parent can be charged with more than one of these crimes under California laws. Similar charges often levied against parents committing parental abduction include:

• Deprivation of custody. Deprivation of custody is defined in California Penal Code 278.5 as the removal of a child from a lawful guardian by another person who has lawful custody or visitation rights. Basically, if the parent is violating a court order by withholding the child from the other parent, but they share custody or visitation rights, that’s deprivation of custody, not parental abduction.
• Kidnapping. California Penal Code 207 defines kidnapping as moving someone else a significant distance, without their consent, by using force or fear. A non-custodial parent is committing kidnapping if the child does not go with them willingly.

FAQs

What Is the Law for Parental Abduction in California?

The law for parental abduction in California is covered under Penal Code 278. This code prohibits parents from maliciously removing children from their lawful custodians. Child abduction can be charged as either a misdemeanor or a felony, and a conviction can lead to the loss of custody or visitation rights in addition to jail time and fines of up to $10,000.

What Is the Definition of Parental Abduction?

The definition of parental abduction is the act of a parent or another family member:

1. Removing a child from their legal guardian or other parent
2. Concealing that child in violation of the other parent or legal guardian’s rights

This serious crime can psychologically damage a child in addition to jeopardizing both parents’ parental rights.

What Are Some Examples of Parental Abduction?

Some examples of parental abduction include:

• Taking a child without consent
• Failing to return a child after a visitation
• Moving with a child across a state or national border to obstruct the other parent’s rights

Parents aren’t the only ones who can commit parental abduction. Depending on the circumstances, other family members may also be convicted of committing this crime.

What Is the Difference Between Kidnapping and Child Abduction?

The difference between kidnapping and child abduction is that, while kidnapping is a broad term that refers to the unlawful taking of any person by force, threat, or deceit, child abduction is a specific crime. It refers to the unlawful taking or keeping of a child from their parent or legal guardian by any family member.

Hire a Child Custody Lawyer

If you’re in a position where you must ask what is considered child abduction by a parent in California, it’s time to hire a child custody lawyer. The Law Offices of Rod Firoozye has handled countless child custody cases, including those involving parental abduction. We can explain California child custody laws and hold your spouse accountable if they have abducted your child. Contact us to schedule an initial consultation today.