Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 3. Kidnapping and Related Offenses
Virginia Code

Va. Code Ann. § 18.2-49.1 (2026)

Violation of court order regarding custody and visitation; penalty

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A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

1987, c. 704; 1989, c. 486; 1994, c. 575; 2002, cc. 576, 596; 2003, c. 261.

Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1993–2025 · leading case: Foster-Zahid v. Commonwealth, 477 S.E.2d 759 (Va. Ct. App. 1996).
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Foster-Zahid v. Commonwealth, 477 S.E.2d 759 (Va. Ct. App. 1996). · cites it 18× “If it occurs within the territorial boundaries of the Commonwealth, under subsection B, it is a misdemeanor.”
Wyatt v. McDermott, 725 S.E.2d 555 (Va. 2012). · cites it 4× “Wrongful custodial interference is codified in Code § 18.2-49.1 as a criminal offense, but this statute provides no civil recovery.”
Johnson v. Johnson, 493 S.E.2d 668 (Va. Ct. App. 1997). · cites it 4× “The underlying policy of Virginia's felony parental abduction statute, Code § 18.2-49.1, is similar to that of the Parental Kidnapping Preven *153 tion Act, 28 U.”
Marshall v. Commonwealth, 708 S.E.2d 253 (Va. Ct. App. 2011). · cites it 2× “, Code § 18.2-49.1 (“knowingly, wrongfully and intentionally” withholding child from parents in violation of court order); Code § 18.”
Hughes v. Com., 431 S.E.2d 906 (Va. Ct. App. 1993). · cites it 2× “2-48 (intent to extort money, defile or "for the purpose of concubinage or prostitution," Class 2 felony); Code § 18.2-49.1 (parental abduction, Class 6 felony).”
Hughes v. Commonwealth, 16 Va. App. 576 (Va. Ct. App. 1993). · cites it 2× “2-48 (intent to extort money, defile or ‘ ‘for the purpose of concubinage or *587 prostitution,” Class 2 felony); Code § 18.2-49.1 (parental abduction, Class 6 felony).”
Frank Boyd, Jr. v. Commonwealth of Virginia, 844 S.E.2d 425 (Va. Ct. App. 2020). · cites it 12× “(“appellant”) was convicted of felony parental abduction in violation of Code § 18.2-49.1 after a bench trial. On appeal, he challenges the sufficiency of the evidence to support his conviction and contends that the Commonwealth failed to prove that his conduct was “wrongful,”…”
Bonner v. Commonwealth, 734 S.E.2d 692 (Va. Ct. App. 2012). · cites it 8× “Therefore, in Foster-Zahid we held “[u]nder Code § 18.”
Commonwealth v. Dumont, 58 Va. Cir. 475 (Va. Cir. Ct. 2002). · cites it 23× “Virginia Code § 18.2-49.1 (A) does not provide such notice.”
Commonwealth v. Denise Dumont, No. 1550022 (Va. Ct. App. Oct. 28, 2002). · cites it 19× “The Commonwealth contends that the trial court erred in finding that the language "clear and significant violation" renders Code § 18.2-49.1(A) unconstitutionally vague.”
Osman Osman v. Commonwealth of Virginia, 883 S.E.2d 249 (Va. Ct. App. 2023). · cites it 4× “24 This Court also notes that, under Code § 18.2-49.1, the Commonwealth may seek a similar set of increased punishments for any person who “knowingly, wrongfully and intentionally” commits “a clear and significant violation of a court order respecting the custody or visitation”…”
Amber-Lynn Siara Romero v. Commonwealth of Virginia, No. 1549242 (Va. Ct. App. Dec. 16, 2025). · cites it 10× “in violation of [Code] § 18.2-49.1.” The case proceeded to a one-day jury trial on May 23, 2024.”
Show all 20 citing cases →
Va. Code Ann. § 18.2-49.1(A): 10 cases
Foster-Zahid v. Commonwealth, 477 S.E.2d 759 (Va. Ct. App. 1996). “If it occurs within the territorial boundaries of the Commonwealth, under subsection B, it is a misdemeanor.”
Frank Boyd, Jr. v. Commonwealth of Virginia, 844 S.E.2d 425 (Va. Ct. App. 2020). “(“appellant”) was convicted of felony parental abduction in violation of Code § 18.2-49.1 after a bench trial. On appeal, he challenges the sufficiency of the evidence to support his conviction and contends that the Commonwealth failed to prove that his conduct was “wrongful,”…”
Bonner v. Commonwealth, 734 S.E.2d 692 (Va. Ct. App. 2012). “Therefore, in Foster-Zahid we held “[u]nder Code § 18.”
Commonwealth v. Dumont, 58 Va. Cir. 475 (Va. Cir. Ct. 2002). “Virginia Code § 18.2-49.1 (A) does not provide such notice.”
Commonwealth v. Denise Dumont, No. 1550022 (Va. Ct. App. Oct. 28, 2002). “The Commonwealth contends that the trial court erred in finding that the language "clear and significant violation" renders Code § 18.2-49.1(A) unconstitutionally vague.”
Va. Code Ann. § 18.2-49.1(B): 2 cases
Tameka Ann Dunn v. Commonwealth, No. 1689021 (Va. Ct. App. Apr. 15, 2003).
Commonwealth v. Denise Dumont, No. 1550022 (Va. Ct. App. Oct. 28, 2002). “The Commonwealth contends that the trial court erred in finding that the language "clear and significant violation" renders Code § 18.2-49.1(A) unconstitutionally vague.”
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