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A. A relative of a person is guilty of custodial interference if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person. This subsection shall not apply to a parent’s noncompliance with a court ordered parenting plan.

B. A parent of a child is guilty of custodial interference if:

1. The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court ordered parenting plan; or

2. The parent has not complied with the residential provisions of a court ordered parenting plan after a finding of contempt under Revised Code of Washington 26.09.160(3); or

3. If the court finds that the parent has engaged in a pattern of willful violations of the court ordered residential provisions.

4. Nothing in subsection (B)(2). shall prohibit conviction of custodial interference under subsection B.1. or subsection B.3. in the absence of a finding of contempt.

C. Custodial interference is a gross misdemeanor, provided, however, that should state law provide for a higher grade of offense for multiple violations of the acts prohibited by Section 9.12.040 said state law shall prevail. (Ord. 1076 §2, 3, 1998; Ord. 499 §2 (part), 1978).