Under what condition can a relative be charged with kidnapping of a minor?

The condition under which a relative can be charged with kidnapping of a minor hinges on the absence of lawful authority over the child. When a relative takes a child without the necessary legal authority, they may be committing the offense of kidnapping. This unlawful act operates independently of the familial relationship, as the law requires permission or recognized authority to take custody of a child. Without that proper legal framework, the act can be seen as an abduction, regardless of the relative's intent or relationship to the child.

In contrast, lawful authority, such as that held by legal guardians or individuals permitted to discipline, serves as a protective guideline that delineates acceptable actions with respect to the child. Specifically, if a relative has lawful authority, is a legal guardian, or is recognized as having the ability to discipline a child, their actions would not constitute kidnapping.