Frequently Asked Questions
What is an abduction?
Child abduction occurs when someone maliciously takes, entices away, keeps, withholds, or conceals a child from a lawful custodian, in violation of a custody or visitation order.
Can a family member abduct their own child?
Yes. In fact, the majority of abductions are committed by family members. Not only does child abduction involve a violation of Family Court, Juvenile Court and/or Probate Court orders, but it also involves a felony violation of the law. The punishment for committing such a crime can be up to four years in prison and a $10,000 fine, even if the abductor is a family member.
What to do if your child is abducted:
File a police report immediately with your local law enforcement agency. They will require that you have certified copies of your most recent court orders regarding custody. Also, request the law enforcement agency place your child in the National Crime Information Computer System (NCIC). For additional assistance, you may wish to call the National Center for Missing and Exploited Children at 1-800-843-5678.
- If there is no court order, contact a lawyer or legal clinic right away for help in getting a custody order from the court.
- If you have any questions, you can call or email the Shasta County District Attorney Child Abduction Unit at (530) 225-5483 or shastaboi@co.shasta.ca.us.
Can your office help me obtain a custody order?
No. By statute, the District Attorney's Office cannot represent a party. You must retain private counsel or proceed on your own. The Shasta County Superior Court website contains information to assist you in Family Law matters.
What is "Good Cause" Notification to the District Attorney?
Pursuant to Penal Code Section 278.7, parental abduction does not apply to a person with a right of custody or a victim of domestic violence who has good faith and reasonable belief that their child will suffer immediate bodily injury or emotional harm if left with the other person takes, keeps, withholds, or conceals the child. But that person should:
- Make a report of the taking within a reasonable amount of time to the District Attorney's Office of the county where the child resided before the taking (as soon as possible, but no later than 10 days),
- Commence a custody proceeding within a reasonable time from the taking (as soon as possible, but no later than 30 days), and
- Inform the District Attorney of any change of address or phone number of the person and the child.
Can I file a "Child Visitation Violation" with the District Attorney's Office?
Yes. The Shasta County District Attorney's Child Abduction Unit accepts reports of violations of court ordered visitation, but does not investigate the reports. The reports serve only as a method for the reporting party to document the violation for use in family court proceedings, if appropriate.
Resources and Links
Shasta County Family Law Facilitator’s Office
If you need help and are not represented by an attorney, the Family Law Facilitator’s office may be able to assist you.
Phone: (530) 245-6900 (message phone only)
Family Law Facilitator Brochure and Schedule
Shasta County Resource Guide
National Center For Missing and Exploited Children
As the Nation's clearinghouse and comprehensive reporting center for all issues related to the prevention of and recovery from child victimization, NCMEC leads the fight against, abduction, and exploitation-because every child deserves a safe childhood.
Phone: (800) 843-5678
Polly Klaas Foundation
The Polly Klaas Foundation is national nonprofit dedicated to the safety of all children, the recovery of missing children, and public policies that keep children safe in their communities.
Phone: (800) 587-4357
International Child Abduction – U.S. Department of State
International parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights. The Office of Children’s Issues within the U.S. Department of State is a leader in U.S. government efforts to prevent international parental child abduction (both from the United States and to the United States), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.
Phone: (888) 407-4747 or (202) 501-4444
Legal Services of Northern California
LSNC provides crucial civil legal services to tens of thousands of needy and vulnerable individuals, while also engaging in complex, sophisticated advocacy.
Phone: (530) 241-3565