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 Utah, child abduction is taken seriously and is addressed under both state and federal laws. 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 cohabitating, one parent taking the child may not immediately constitute a criminal act under Utah law. However, if a parent takes a child across state lines, it can become a criminal matter, potentially escalating to a felony depending on the circumstances. Moreover, if the action of taking the child violates an existing child custody order, it is typically considered a criminal offense, often referred to as 'interference with child custody.' At the federal level, the International Parental Kidnapping Crime Act (IPKCA) prohibits a parent from removing or attempting to remove a child from the United States, or retaining a child in another country, with the intent to obstruct the lawful exercise of parental rights. This act makes international parental kidnapping a felony. It's important for individuals dealing with potential child abduction situations to consult with an attorney to understand the specific legal implications and to ensure the protection of their rights and the well-being of the child.