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:
- You took or detained a child
- Your intention was to remove or keep the child from the lawful custody of a person with parental responsibility for the child, and
- 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:
- A person with all legal duties, powers, responsibilities and authority over the child, and
- A person authorised under the law to be the child’s carer
Defences to the charged include:
- Self-defence, which includes the defence of the child, and
- Duress
What Our Clients Say SEE ALL
-
★★★★★
Happy with the outcome today
External happy with the outcome today Wissam Philopos is a legend of a lawyer and…
-
★★★★★
Delivered like a true professional in the court room
I used Wissam Philopos as my lawyer and I’d like to thank him for all…
-
★★★★★
Could not have asked for a better outcome!
From the very first phone call Fred from SCL was empathetic, reassuring demonstrated a great…
-
★★★★★
I was fortunate enough to have the legal talents and know how and passion
I have been through quite a traumatic legal matter. For myself as someone who has…