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 must:
- 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.
If you do not have a legally allowable reason for taking or keeping the child, you could face charges of child abduction.