CALIFORNIA FAMILY LAW
...Enforcement
......Custody & Visitation Orders
.........Criminal Action
12 Cards On This Topic:

Taking or concealing child that deprives another of right to custody or visitation

Exceptions to Pen. Code §278.5; duties of person who conceals child in good faith.

Kidnapping statute—nonparent.

As D need only raise reasonable doubt whether facts underlying PC 278.7(a) [child abduction] defense exist, trial court erred prejudicially in requiring D to prove those facts by a preponderance of the evidence.

Foreign custody decree need not be registered in CA to support a conviction for child abduction.

In child custody deprivation case, court erred in not giving specific intent jury instruction where crime requires malice; error harmless given overwhelming evidence of malice.

In custody deprivation case, error to instruct jury on elements of affirmative defense over defendant's counsel's objection where instruction contradicted defense theory; error harmless.

D's acts of harboring Cs outside of Cal. and failing to return them to custodial parent in violation of Cal. custody order subjected D to prosecution here.

D who abducted Cs during visitation not entitled to statutory defense of necessity where he did not comply with notice requirements.

Abandonment for purposes of child abduction conviction defined; F lacked "right of custody of child."

D properly convicted of separate custody order violations for absconding with his 3 children, thus violating 3 separate orders re visitation and custody.

Grant of right to "supervision of custody" to Child Protective Services is not "right of [physical] custody," so subsequent taking of minor does not constitute violation of Pen. Code §278.5.