California penal code section 278.7
"good cause" notice to district attorney
Penal Code section 278.7(a) provides a potential defense to a person with a right to custody of a child (as defined in Penal Code section 277(e)) who, with a good faith and reasonable belief that the child will suffer immediate bodily injury or emotional harm if left with the other person, having an equal right to custody of that child, takes, entices away, keeps, withholds, or conceals that child from the other person.
Penal Code section 278.7(b) provides a potential defense to a person with a right to custody of a child who has been the victim of domestic violence who, with a good faith and reasonable belief that the child will suffer immediate bodily injury or emotional harm if left with the other person, takes, entices away, keeps withholds, or conceals that child. “Emotional harm” includes the infliction of domestic violence by one parent upon the parent who takes, entices away, keeps, withholds, or conceals the child.
This necessity defense temporarily prevents a prosecution under Penal Code section 278.5(a) (Parental Child Abduction).
In order to benefit from the “Good Cause” defense, the person with a right to custody who takes, etc. the child SHALL do all of the following:
The address and telephone number of the person and the child provided 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.
Understand that you could be charged with a violation of Penal Code section 148.5 if you make a false report to any Peace Officer or Prosecutor that a crime has been committed.
Penal Code section 278.7(b) provides a potential defense to a person with a right to custody of a child who has been the victim of domestic violence who, with a good faith and reasonable belief that the child will suffer immediate bodily injury or emotional harm if left with the other person, takes, entices away, keeps withholds, or conceals that child. “Emotional harm” includes the infliction of domestic violence by one parent upon the parent who takes, entices away, keeps, withholds, or conceals the child.
This necessity defense temporarily prevents a prosecution under Penal Code section 278.5(a) (Parental Child Abduction).
In order to benefit from the “Good Cause” defense, the person with a right to custody who takes, etc. the child SHALL do all of the following:
- Make a report of the taking within 10 days to the District Attorney’s Office of the county where the child resided before the action.
- Commence a custody proceeding in a court of competent jurisdiction within 30 days from the taking.
- Inform the District Attorney’s Office of any change of address or telephone number of the person and the child.
The address and telephone number of the person and the child provided 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.
Understand that you could be charged with a violation of Penal Code section 148.5 if you make a false report to any Peace Officer or Prosecutor that a crime has been committed.
This page is made available for information purposes only and does not constitute legal advice.
