Most cases of parental child abduction take place after or during a divorce, when one parent has custody. But there are also cases where parents who are not divorced abduct their children. Sometimes both parents abduct their child if, for example, the child was taken away from both of them and made a ward of the state. The term parental abduction will be used to refer to family abductions as well. Anyone who is not a legal guardian is considered a stranger abduction.
Laws deal with abductions where there is a custody order, and cases where there is no custody order.
Section 283, Abduction Where No Custody Order, is the same as above except that it covers situations where there is no custody order. In situations where a child has been abducted and there was no existing custody order, the offender can be punished on a summary offence, or on an indictable offence with a maximum 10 year sentence. If the parents, guardian or the adult that has lawful custody of a child give permission for that child to be with an individual, that person cannot be charged with abduction. According to section 286 of the Criminal Code , consent must be given by an adult. If an individual feels that a child must be removed from their parents custody to ensure their safety and protect them from perceived danger or imminent harm , this individual cannot be charged with abduction.