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(510) 351-5345
2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
When a child is taken or kept without legal permission, it’s not just a family dispute—it’s child abduction. In California, child abduction cases carry strict consequences, and the law prioritizes the child’s safety above all else. At Bagner Law, I help clients in San Leandro, Castro Valley, and Hayward understand their rights, the legal process, and how to act fast. Here’s what you need to know.
Child abduction isn’t limited to strangers or faraway kidnappings. Under California Penal Code §278, child abduction can occur even within families. When one parent or family member takes or keeps a child in violation of the custody order, it’s abduction. That means if a parent without custody takes the child across state lines—or even just across town—without permission, it’s illegal.
In short, any action that violates a court-ordered custody arrangement can be child abduction. It’s a serious offense, carrying penalties that include jail time, fines, and long-term impact on custody rights. If you’re facing this situation, knowing the legal definitions is your first line of defense.
Custody orders aren’t suggestions—they’re legal mandates. When a custody order is in place, it sets strict boundaries on who has legal authority over the child. If a parent or guardian violates that order, they’re crossing a legal line, opening the door for abduction charges under Penal Code §278.5.
For clients in Hayward, Castro Valley, and San Leandro, I make sure the custody order is clear, enforceable, and aligned with California’s laws. If one parent takes the child in violation of the custody order, I work with law enforcement and the courts to get the child returned safely. The court can enforce the order swiftly, sometimes even issuing warrants to protect the child’s welfare. Violating a custody order isn’t just a breach of family trust—it’s a crime.
If your child is taken without consent, there are immediate actions you can pursue. In California, you can request an “Order of Return” from the court, a mandate that law enforcement assists in retrieving the child. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides additional protections, ensuring that only one state has jurisdiction over a custody case, preventing conflicting orders across state lines.
At Bagner Law, I work with clients to file urgent motions and coordinate with law enforcement. This isn’t just paperwork—it’s about bringing your child back safely. I ensure that every legal avenue is covered, from emergency custody orders to collaborating with law enforcement and filing reports under the UCCJEA. When time is of the essence, legal action has to be swift and precise.
International child abduction cases add another layer of complexity. When a child is taken out of the country without consent, the Hague Convention on the Civil Aspects of International Child Abduction steps in. This treaty, signed by the U.S. and many other countries, mandates the immediate return of abducted children to their country of habitual residence.
Under the Hague Convention, if your child is taken abroad, you have the right to demand their return through the U.S. State Department. However, this process requires proof of habitual residence and documented custody rights. I guide clients through this intricate process, ensuring they have the evidence and support needed to navigate international laws and bring their child home.
Child abduction carries heavy penalties in California, reflecting the seriousness of the crime. Under Penal Code §278 and §278.5, convicted offenders face jail time, fines, and potentially lose their custody rights. This includes not only abduction but also refusing to return the child when required, even if the child was initially taken legally.
For parents dealing with child abduction in San Leandro, Castro Valley, or Hayward, these penalties mean something: they protect your right to custody and ensure that violations are treated with the gravity they deserve. At Bagner Law, I work to enforce these laws, secure custody, and hold violators accountable.
Child abduction cases demand immediate action, unwavering focus, and an understanding of every relevant law. For families in San Leandro, Castro Valley, and Hayward, my role is clear: to bring children home safely and protect parental rights with every legal tool available.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Monday-Thursday 8:30am - 5:30pm (PST)
Friday 8:30am - 2:00pm
Weekends and After-Hours by Appointment
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