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Typically, family abduction is committed by one of a child's parents who are involved in contentious divorce or custody proceedings.
Responding to Threats of Abduction If your ex threatens to take your child away, then you should contact an attorney and your local family law court as soon as possible.
The crime of child abduction requires that the following elements exist: The defendant maliciously took, enticed, withheld or concealed a child from his or her lawful custodian. The child was under 18 years old. The defendant did not have a right to custody of the child when he or she acted.
A Family Abduction occurs when a child is taken, wrongfully retained, or concealed by a parent or other family member depriving another individual of their custody or visitation rights.
You can be guilty of kidnapping your own child. Parental kidnapping usually happens during a custody battle or combative divorce. One parent decides to take the child physically away without the permission of the court or the other parent. In California, this is a serious crime and you will be prosecuted.