South Australian Current Acts South Australian Current Acts40—Unlawful removal of child from jurisdiction
(1) A person who
wrongfully takes or sends a child out of the jurisdiction is guilty of an
offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 15 years;
(b) for
an aggravated offence—imprisonment for 19 years.
(2) For the purposes
of subsection (1), a person acts wrongfully if—
(a) the
person acts in the knowledge that a person who has the lawful custody of the
child (either alone or jointly with someone else) does not consent to the
child being taken or sent out of the jurisdiction; and
Note—
As a general rule, the parents of a child have joint custody of the child (see
Guardianship of Infants Act 1940 , section 4).
(b)
there is no judicial or statutory authority for the person's act.