Child Abduction

If the parents are or have been married and a court order exists, a parent can be charged with child abduction if s/he:

• Intentionally violates a court order granting custody, care or possession to another by hiding, holding, or taking the child from the jurisdiction of the court.
• Intentionally violates a court order prohibiting him/her from hiding, holding, or taking the child from the jurisdiction of the court.
   

If the parents have never been married, paternity has not been adjudicated, and no one else has been granted custody of the child, the mother is presumed to be the lawful custodian.

• If the alleged father hides, holds, or takes the child without the mother's consent, he has committed child abduction.
   

If the parents have never been married, and paternity has been established, and the father has been ordered to pay child support or has been given visitation rights, the paternity order is considered to be a valid court order granting custody to the mother.

• If the father hides, holds, or takes the child from the jurisdiction of the court, he has committed child abduction.
   

If an unwed mother has abandoned or surrendered custody of her child to the father (not his family) who provides ongoing care of the child.

• She can be charged with child abduction if she hides or takes the child. NOTE: Being forced out of her home or being hospitalized, etc., does not constitute abandonment.

The following are also violations of the child abduction law:

• Failing or refusing to return a child to the legal custodian in Illinois following out-of-state visitation.
• Hiding, holding or taking the child for payment or promise of payment at the instruction of someone who has no legal right to custody.
• Keeping a child taken from another state without consent of the legal custodian or in violation of custody order in Illinois for thirty days.