Idaho Code
Idaho Code

Idaho Code § 18-4506 (2026)

Child custody interference defined — Defenses — Punishment. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Child custody interference defined — Defenses — Punishment. 

1. A person commits child custody interference if the person, whether a parent or other, or agent of that person, intentionally and without lawful authority:

(a)  Takes, entices away, keeps or withholds any minor child from a parent or another person or institution having custody, joint custody, visitation or other parental rights, whether such rights arise from temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of a custody order; or
(b)  Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.
2.  It shall be an affirmative defense to a violation of the provisions of subsection 1. of this section that:
(a)  The action is taken to protect the child from imminent physical harm;
(b)  The action is taken by a parent fleeing from imminent physical harm to himself;
(c)  The action is consented to by the lawful custodian of the child; or
(d)  The child is returned within twenty-four (24) hours after expiration of an authorized visitation privilege.
3.  A violation of the provisions of subsection 1. of this section shall be a felony, unless the defendant did not take the child outside the state, and the child was voluntarily returned unharmed prior to the defendant’s arrest in which case the violation shall be reduced to a misdemeanor.
4.  Any reasonable expenses incurred by a lawful custodian in locating or attempting to locate a child taken in violation of the provisions of subsection 1. of this section may be assessed against the defendant at the court’s discretion in accordance with chapter 53, title 19, Idaho Code.
Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1992–2024 · leading case: State v. Doyle, 828 P.2d 1316 (Idaho 1992).
Sort: Relevance Newest Treatment
State v. Doyle, 828 P.2d 1316 (Idaho 1992). · cites it 32× “The trial court denied the motion to dismiss. Doyle then entered a guilty plea to the charge *1317 pursuant to a conditional plea agreement reserving the right to appeal the trial court's ruling on the jurisdictional issue.”
Christopher F. F. Hopper v. Joseph F. & Bette P. Hopper, 317 P.3d 698 (Idaho 2013). · cites it 22× “Appellants argue that the district court erred when it refused to recognize their claims for a private cause of action or negligence per se under Idaho Code § 18-4506 . Section 18^4506 criminalizes child custody interference but does not expressly provide for civil relief.”
Hopper v. Hopper, 167 P.3d 761 (Idaho 2007). · cites it 4× “In this case the father's equal rights were prejudiced by the mother absconding with the child in violation of I.C. § 18-4506 and obtaining an unfounded domestic violence order in Montana restricting the father's ability to maintain a relationship with his child.”
Schultz v. Schultz, 187 P.3d 1234 (Idaho 2008). · cites it 3× “tion and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need to promote continuity and…”
State v. Calver, 307 P.3d 1233 (Idaho Ct. App. 2013). · cites it 6× “The jury found Veronica guilty of felony child custody interference, Idaho Code § 18-4506 . The district court sentenced her to a unified term of five years, with one year determinate, but suspended the sentence and placed Veronica on probation for a period of five years.”
Boe v. Boe, 422 P.3d 1128 (Idaho 2018). · cites it 2× “If permitted to stand, the lesson from this case is that the law may be disregarded, a crime committed, falsehoods told, and advantage gained from the misconduct.”
Danti v. Danti, 204 P.3d 1140 (Idaho 2009). · cites it 2× “It also undermines his claim that Michelle committed child custody interference in violation of Idaho Code section 18-4506. 13 . In the recordings, Michelle was "positive and encouraging” when preparing the children for visitation, while Ed was often "condescending, dictatorial…”
Carter v. Carter, 470 S.E.2d 193 (W. Va. 1996). “§ 16-5-45 (Michie 1987); Idaho Code § 18-4506 (1995); Utah Code Ann.”
Matsumoto v. Labrador, 122 F.4th 787 (9th Cir. 2024). “This conduct is not proscribed by Idaho’s “[e]nticing of children” statute, Idaho Code § 18-1509 (1); its “child custody interference” statute, Idaho Code § 18-4506 ; or its ban on “[p]roviding shelter to runaway children,” Idaho Code § 18-1510 (1).”
Foster-Zahid v. Commonwealth, 477 S.E.2d 759 (Va. Ct. App. 1996). “5/10-5 (1989); Idaho Code § 18-4506 (1987); Ga.CodeAnn. § 16-5-45 (Harrison 1987); Fla.”
State v. Levicek, 953 P.2d 214 (Idaho 1998). · cites it 2× “Peter Levieek pled guilty to child custody interference, I.C. § 18-4506, stemming from the removal of his minor daughter from the custody of the child’s mother, Kamila Levicek, and taking her to live with him in the Czech Republic.”
State v. Gene Benjamin Kastner (Idaho Ct. App. 2016). · cites it 2× “Idaho Code § 18-4506 . The district court sentenced Kastner to a unified term of five years with three years determinate.”
Show all 17 citing cases →
— Idaho Code § 18-4506(1) — 1 case
State v. Doyle, 828 P.2d 1316 (Idaho 1992). “The trial court denied the motion to dismiss. Doyle then entered a guilty plea to the charge *1317 pursuant to a conditional plea agreement reserving the right to appeal the trial court's ruling on the jurisdictional issue.”
— Idaho Code § 18-4506(2)(a) — 1 case
Schultz v. Schultz, 187 P.3d 1234 (Idaho 2008). “tion and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need to promote continuity and…”
— Idaho Code § 18-4506(3) — 1 case
State v. Doyle, 828 P.2d 1316 (Idaho 1992). “The trial court denied the motion to dismiss. Doyle then entered a guilty plea to the charge *1317 pursuant to a conditional plea agreement reserving the right to appeal the trial court's ruling on the jurisdictional issue.”
— Idaho Code § 18-4506(a) — 1 case
State v. Calver, 307 P.3d 1233 (Idaho Ct. App. 2013). “The jury found Veronica guilty of felony child custody interference, Idaho Code § 18-4506 . The district court sentenced her to a unified term of five years, with one year determinate, but suspended the sentence and placed Veronica on probation for a period of five years.”
— Idaho Code § 18-4506(l)(a) — 1 case
State v. Calver, 307 P.3d 1233 (Idaho Ct. App. 2013). “The jury found Veronica guilty of felony child custody interference, Idaho Code § 18-4506 . The district court sentenced her to a unified term of five years, with one year determinate, but suspended the sentence and placed Veronica on probation for a period of five years.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.