Going to Court? Book Your Free First Appointment

Abducting a Child

Abducting a Child is an offence under Section 87 of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You took or detained a child
  2. Your intention was to remove or keep the child from the lawful custody of a person with parental responsibility for the child, and
  3. You did not have the consent of the person with parental responsibility

A ‘child’ is defined as a person under the age of 12 years.

‘Detaining a child’ includes causing them to remain where they are, and ‘Taking a child’ includes causing a child to be taken.

A ‘person with parental responsibility’ includes:

  1. A person with all legal duties, powers, responsibilities and authority over the child, and
  2. A person authorised under the law to be the child’s carer

Defences to the charged include:

  1. Self-defence, which includes the defence of the child, and
  2. Duress

What Our Clients Say SEE ALL

  • ★★★★★

    Could not wish for a better outcome at court

    Mehmet did an unbelievable job in court for me. Could not wish for a better…

  • ★★★★★

    Very proffesional approach

    Quick shout out to Fahim from Sydney Criminal Lawyers. This guy means business and does…

  • ★★★★★

    Went above and beyond to secure a favourable outcome

    Rasheen Mahmodian provided great legal advice and went above and beyond to secure a favourable…

  • ★★★★★

    The outcome was even better than expected

    Karina Diec was absolutely amazing, could not fault her efforts, dedication, advice and just making…

Going to Court? Call For Your Free First Appointment