Child Custody Interference

Idaho Child Custody Interference 

According to Idaho Code § 18-4506, a person can be charged with Child Custody Interference if that
person, whether they are a parent or not,

  1. takes, entices away, keeps, or withholds a child under the age of 18 from another person or
    institution who has the right to custody of the child or
  2. takes, entices away, keeps, or withholds a child under the age of 18 from a parent after
    commencement of an action relating to child visitation or custody but prior to the issuance of an
    order determining custody or visitation rights
    Affirmative Defenses
    If charged with Child Custody Interference, a person can assert an affirmative defense if the actions that
    person took were
    1. To protect the child from imminent harm
    2. To protect the parent fleeing from imminent harm to themself
    3. Consented to by the lawful custodian of the parent or
    4. Or if the child was returned within 24 hours after the expiration of an authorized visitation privilege

Punishment for Child Custody Interference

The charge of Child Custody Interference will be a Felony unless the child was not taken out of state and
the child was voluntarily returned unharmed prior to arrest.


It is possible that any reasonable expenses incurred by a lawful custodian in locating or attempting to
locate the child may be calculated and ordered by a judge for the person charged with the Child Custody
Interference crime to pay. This amount will be determined in the discretion of the judge and according to
chapter 53, title 19, Idaho Code.

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