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 Arizona, child abduction is taken very seriously, and the state has specific statutes to address both stranger and parental abductions. Child abduction by a stranger is, without exception, a criminal offense. Parental abduction, however, can be more complex. Arizona law considers it a criminal offense if a parent takes, conceals, or detains a child with the intent to deprive the other parent of their legal custody rights, especially if this action violates a court-issued custody order. This is referred to as custodial interference and can be charged as a felony or misdemeanor, depending on the circumstances, such as the child's age and the duration of the abduction. If a parent takes a child across state lines, it can elevate the severity of the offense and potentially invoke federal law. 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. Arizona parents must navigate both state statutes and federal laws when dealing with issues of child abduction.