Child Kidnapping and Abduction

Being accused of child abduction or kidnapping is a deeply distressing experience. These offences carry serious penalties and can arise from highly emotional, complex situations—including disputes between parents, relatives, or caregivers. If you've been charged or are under investigation, it's critical to understand the law, your rights, and your legal options.

Charged with child abduction or kidnapping? Call (306) 994-9522 for immediate, confidential legal advice.

Kidnapping vs. Abduction: What’s the Difference?

Although the terms are often used interchangeably, kidnapping and abduction are treated as distinct offences under the Criminal Code of Canada.

• Kidnapping (s. 279): Involves taking or confining a person against their will, often involving physical restraint or demands (e.g., ransom). This is a straight indictable offence with life imprisonment as the maximum penalty.

• Abduction (ss. 280–283): Typically involves taking a child from their lawful guardian—often in the context of a custody dispute. These are hybrid offences, meaning the Crown may proceed by summary conviction or by indictment depending on the circumstances.

Types of Child Abduction Offences

The Criminal Code sets out four primary abduction-related offences, each with different elements and penalties.

1. Abduction of a Person Under 16 (s. 280)

It is an offence to take a person under 16 years of age out of the possession of a parent, guardian, or caregiver without lawful authority and against their will.

2. Abduction of a Person Under 14 (s. 281)

This applies where someone other than a parent or guardian takes, entices, or conceals a child under 14, intending to deprive the lawful custodian of possession.

3. Abduction Contrary to Custody or Parenting Order (s. 282)

A parent, guardian, or caregiver cannot remove or keep a child under 14 in violation of a valid custody or parenting order issued by any Canadian court.

4. Parental Abduction (No Custody Order) (s. 283)

Even in the absence of a formal custody order, it is illegal for a parent or guardian to take or conceal a child under 14 with the intent to deprive another parent or guardian of possession.

Accused of child abduction or kidnapping? Call (306) 994-9522 now for a confidential case review.

What the Crown Must Prove in Child Abduction Cases

Each offence contains specific elements that the prosecution must establish beyond a reasonable doubt. These may include:

• The child’s age (under 14 or 16, depending on the charge)
• The identity of the accused
• The accused’s lack of lawful authority
• The accused’s intent to deprive a lawful guardian or parent of custody

Even consent from the child is not a defence under s. 280–283. Only the lawful custodian’s consent matters.

Potential Penalties and Sentencing for Child Abduction

Kidnapping

• Life imprisonment (up to)
• Mandatory minimums may apply depending on circumstances (e.g., firearm used)

Child Abduction Charges

• Abduction of a Person Under 16
  • Indictable offence: Up to 5 years
  • Hybrid offence: The Crown can elect to proceed summarily (maximum 2 years less a day)
• Abduction of a Person Under 14
  • Indictable offence: Maximum of 10 years imprisonment.
• Abduction Contrary to Custody or Parenting Order & Parental Abduction
  • Consent of the Attorney General is required to prosecute
  • Indictable offence: Maximum of 10 years imprisonment

No mandatory minimums apply to abduction offences. Sentences vary based on aggravating factors (e.g., prolonged deprivation, prior convictions, use of deception).

Don’t face child abduction allegations alone. Call (306) 994-9522 for trusted legal guidance.

Possible Defences to Child Abduction Charges

Every case is fact-specific, but possible defences may include:

• Consent: If the accused had permission from the child’s lawful guardian or custodian, it may be a complete defence. However, a parent cannot consent to their own actions—consent must come from the other guardian or lawful custodian.
• Imminent Harm: If the accused took or concealed the child to protect them from imminent harm, this may excuse the conduct. The fear of harm must be objectively reasonable, and the conduct proportionate to the risk.
• Mistaken Belief in Custody Order: In s. 282 prosecutions, if the only reason the Crown fails to prove the offence is because the accused did not believe a custody order existed, a conviction may still follow under s. 283.
• Lack of Intent: The offence often requires a specific intent to deprive another of custody. If the accused did not have this intent—such as in miscommunication or misunderstanding scenarios—there may be no criminal liability.
• Charter Breaches: Unlawful police conduct (e.g., warrantless searches, denial of counsel) may lead to exclusion of evidence under s. 24(2) of the Charter of Rights and Freedoms.

An experienced criminal defence lawyer can assess the details of your child abduction case, challenge the Crown’s evidence, raise applicable legal defences, and identify any violations of your Charter rights. Where appropriate, your criminal lawyer can also negotiate with the Crown to reduce or resolve charges, and advocate for sentencing alternatives such as discharge, counselling, or probation.

What to Do if You’re Accused of Child Abduction

Do not try to “explain” to police without first speaking to a lawyer. Preserve evidence such as communications, court orders, consent, or emergency concerns. Avoid contacting the other parent or guardian without legal advice—communications may be used as evidence. Lastly, call a criminal defence lawyer immediately.

Have You Been Charged with Child Abduction or Kidnapping?

An experienced criminal defence lawyer is essential when facing a child abduction charge. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with child abduction. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.