ICADV Legal Information


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Child Abduction and Removal of Children from Illinois

Child Abduction is a serious Illinois Crime of Class 4 Felony.

It may be understandable why a Victim of Domestic Violence would flee with her child to another State or conceal her child within Illinois if the Abuser is the other parent. However, a Victim needs to be aware that under certain circumstances, a Victim could be charged with Child Abduction by an Illinois State's Attorney's office.
Likewise, under certain circumstances an Abuser who abducts a child from the child's custodial parent can be charged with the crime of Child Abduction.
Generally, State's Attorney's offices are reluctant to involve themselves in these cases because they are viewed as more "civil type matters" since they involve children and parents.

An Illinois Civil Statute regarding Children Being Moved Outside of Illinois by a Parent states under certain circumstances a Court must grant permission to move the children outside of Illinois.

Illinois Civil Law on removing children from Illinois states that children should not be removed from Illinois without the Court's permission, if the child has been part of a custody case in Illinois, etc. This can include custody decisions in Orders of Protection, divorces etc.

Below are Frequently Asked Questions regarding the above mentioned Criminal Child Abduction law and the Civil Law on Removing Children from Illinois.

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Frequently Asked Questions Regarding Child Abduction and Removing Children from Illinois:

What is Child Abduction?

Why Would an Abuser Abduct A Child?

Why Would a Victim Flee with Her Own Child?

What Should a Victim Do if She Needs to Flee the State to Protect Her Children?

Legal Statutes:

Child Abduction / Criminal Statute

Removal of Children from Illinois / Civil Statute

Interstate Civil Custody Laws and Domestic Violence

Go to Custody of Children (in Divorce or Paternity)sub page

What is Child Abduction?

In general the Illinois Child Abduction Criminal Law states a person commits Child Abduction whenever a person:

intentionally violates any terms of a court's custody order by concealing, detaining, or removing the child from the Court's jurisdiction,

intentionally conceals, detains, or removes the child without the consent of the mom if the person is a putative father and no court orders have been entered,

intentionally conceals, detains, or removes the child after filing a petition for divorce or establishment of paternity but prior to issuance of a custody order, fails to return the child at the expiration of visitation rights outside of Illinois,

conceals the child for 15 days without making reasonable attempts in that period of time to notify the other parent of the child's whereabouts. IT IS NOT A VIOLATION OF THE LAW FOR A VICTIM FLEEING DOMESTIC VIOLENCE TO TAKE THE CHILD WITH HER TO HOUSING PROVIDED BY A DOMESTIC VIOLENCE PROGRAM,

conceals, detains, or removes the child with physical force or threat of physical force or for payment or promise of payment,

retains a child in Illinois from another state for 30 days without the consent of the custodial parent, and

intentionally lures or attempts to lure a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling without the consent of the custodial parent.

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Why Would an Abuser Abduct A Child?

Some Abusers abduct the children or refuse to return them after visitation to coerce a Victim to reconcile with them. This is a common tactic of exerting power and control over the Victim. Probably the Abuser has threatened the Victim many times with disappearing with the children if the Victim ever left the relationship.

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Why Would a Victim Flee with Her Own Child?

Sometimes Victims relocate with their children when they flee abuse to an undisclosed location within Illinois or to another State. In desperation, the Victim might subject herself to violating an Illinois criminal custodial interference law, civil Child Removal law, etc. So, it is important for Victims who are considering fleeing domestic violence with their children to check with an Attorney first regarding any applicable law.

Through Illinois Lawyer Referral Service a Victim can obtain a ½ hour consultation with an Attorney for approximately $15.00. This consultation with an Attorney may highlight the legal issues that the Victim needs to be aware of prior to making a decision to leave the area with the children.

Click Here to Look for Legal Help, if you do not already have an Attorney and need assistance in finding one.

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What Should a Victim Do if She Needs to Flee the State to Protect Her Children?

It is important for Victims who are considering fleeing domestic violence with their children to check with their Attorney first. An Illinois law states that children should not be removed from Illinois without a Court's permission if the child has been part of a custody case in Illinois. This can include custody decisions in an Order of Protection or Divorce.

Some Victims who leave Illinois with their children without court permission may be subject to violation of several Illinois laws. These include the civil Removal of Children from Illinois law or the criminal Child Abduction law. A consultation with the Victim's Attorney may highlight the legal issues that the Victim needs to know prior to leaving the community with the children.

Click Here to Look for Legal Help, if you do not already have an Attorney and need assistance in finding one.

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Legal Statutes:

Child Abduction / Criminal Statute

Child Abduction is a serious crime. A person convicted of Child Abduction is guilty of a Class 4 Felony pursuant to the Illinois Criminal Statute.

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Removal of Children from Illinois/ Civil Statute

Illinois law states that if a Court already has jurisdiction of children through a pending case or previous decision in a Divorce, Order of Protection, Paternity case, etc., then a Custodial parent MUST ask the court permission to move outside of Illinois.

The Court may grant the custodial parent permission to remove her minor child from Illinois if it is in the best interest of the child. It is important for a Victim to understand this Illinois Child Removal Statute before leaving Illinois with the children.

Of course, many Custodial parents do leave Illinois without receiving permission from the Court, but they should be aware of the risks in doing so. If the other parent is an Abuser, and learns the Victim has not complied with the Illinois Removal law, then the Abuser certainly has a legal tool to attempt to ask the Court for custody of the children.

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Interstate Civil Custody Laws and Domestic Violence

Two other civil laws regarding Interstate custody of children that domestic violence Victims need to be aware of are as follows:

Uniform Child Custody Jurisdiction Act (UCCJA)
Parental Kidnapping Act (PKPA) - Federal Law

Learn more about these laws.

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Go to Custody of Children (in Divorce or Paternity) sub page

Go to Frequently Asked Questions sub page

Go to Criminal Court and Prosecution of Domestic Violence Crimes sub page