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 Ohio, child abduction is addressed under various statutes. Child abduction by a stranger is considered a criminal offense and is prosecuted under kidnapping and abduction laws. 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 immediately constitute a criminal offense. However, Ohio law does criminalize the behavior of a parent who takes a child across state lines with the intent to obstruct the lawful exercise of parental rights or custody, which can be charged as a felony under certain circumstances. Additionally, if a parent's actions violate an existing child custody order, it can be considered 'interference with custody,' which is a criminal offense under Ohio Revised Code Section 2919.23. At the federal level, the International Parental Kidnapping Crime Act (IPKCA) makes it a felony 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.
