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 Montana, child abduction is taken seriously and is addressed under various state statutes and federal law. Child abduction by a stranger is unequivocally a criminal offense. When it comes to parental child abduction, the legal situation can be more complex. If there is no custody order in place and the parents are not living together, one parent taking the child may not constitute a criminal offense under Montana law. However, if a parent takes or retains a child in violation of an existing custody order, it is considered a criminal offense, often referred to as 'parental interference with custody,' which can be charged as a felony. Furthermore, 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 the other parent's custodial rights. This federal statute ensures that even when state lines are crossed or international borders are involved, the act is subject to criminal penalties.