Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Abduction in contravention of custody or parenting order

• 282 (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:If no belief in validity of custody order or parenting order

  (2) If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.