Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 4. Child Abduction
California Codes

Cal. Penal Code § 278.7 (2026)

Child Abduction

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child.

(b)Section 278.5 does not apply to a person with a right to custody of a child who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm, takes, entices away, keeps, withholds, or conceals that child. “Emotional harm” includes having a parent who has committed domestic violence against the parent who is taking, enticing away, keeping, withholding, or concealing the child.

(c)The person who takes, entices away, keeps, withholds, or conceals a child shall do all of the following:

(1)Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, make a report to the office of the district attorney of the county where the child resided before the action. The report shall include the name of the person, the current address and telephone number of the child and the person, and the reasons the child was taken, enticed away, kept, withheld, or concealed.

(2)Within a reasonable time from the taking, enticing away, keeping, withholding, or concealing, commence a custody proceeding in a court of competent jurisdiction consistent with the federal Parental Kidnapping Prevention Act (Section 1738A, Title 28, United States Code) or the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code).

(3)Inform the district attorney’s office of any change of address or telephone number of the person and the child.

(d)For the purposes of this article, a reasonable time within which to make a report to the district attorney’s office is at least 10 days and a reasonable time to commence a custody proceeding is at least 30 days. This section shall not preclude a person from making a report to the district attorney’s office or commencing a custody proceeding earlier than those specified times.

(e)The address and telephone number of the person and the child provided pursuant to this section shall remain confidential unless released pursuant to state law or by a court order that contains appropriate safeguards to ensure the safety of the person and the child.

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2006–2026 · leading case: State v. Munoz, 2006-NMSC-005, 129 P.3d 142.
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State v. Munoz, 2006-NMSC-005, 129 P.3d 142. · cites it 2× “§ 13-1302(C)(2)(a) (2001) (requiring a good faith and reasonable belief); Cal.Penal Code § 278.7(a) (1999) (requiring a good faith and reasonable belief); Colo.”
In re J.D. ca2/6, No. B348035 (Cal. Ct. App. Apr. 13, 2026). · cites it 2× “Mother and Father also invoked or attempted to invoke California’s “Good Cause” statute (Pen. Code, § 278.7), claiming that the children will suffer immediate bodily injury or emotional harm if the children were surrendered to the other parent in compliance with…”
Sternberg v. Warneck, No. 2:23-cv-01466 (D. Nev. Nov. 14, 2024). “23 Penal Code § 278.7(c). 1 custody deprivation.”
Sternberg v. Warneck, No. 2:23-cv-01466 (D. Nev. Nov. 14, 2024). “23 Penal Code § 278.7(c). 1 custody deprivation.”
Sternberg v. Warneck, No. 2:23-cv-01466 (D. Nev. Nov. 14, 2024). “Penal Code § 278.7 (c). 1 According to the FAC, Monroe, Lovero, and others coordinated with the Clark County 2 School District Police to pull over Sternberg’s car while he and the children were in it.”
Cal. Penal Code § 278.7(a): 1 case
State v. Munoz, 2006-NMSC-005, 129 P.3d 142. “§ 13-1302(C)(2)(a) (2001) (requiring a good faith and reasonable belief); Cal.Penal Code § 278.7(a) (1999) (requiring a good faith and reasonable belief); Colo.”
Cal. Penal Code § 278.7(c): 2 cases
Sternberg v. Warneck, No. 2:23-cv-01466 (D. Nev. Nov. 14, 2024). “23 Penal Code § 278.7(c). 1 custody deprivation.”
Sternberg v. Warneck, No. 2:23-cv-01466 (D. Nev. Nov. 14, 2024). “23 Penal Code § 278.7(c). 1 custody deprivation.”
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