1  Defined in subsection (a) (1) as "any child . . . whose custody is entrusted to another individual by authority of law."416 STATE v. EVANS. (212 Ga. turned. The demurrer was converted to a motion to dismiss and the court held an evidentiary hearing.The court heard testimony from Ms. Evans. The State and defendant Evans basically agree that the following occurred. Defendant gave notice under the agreement of his intention to exercise his two-week visitation with the child beginning July 14, 1991. Although he did not pick the child up until July 17, 1991, he did travel to Morgan County to pick her up as provided in the agreement. On July 28, 1991, the mother arrived at defendant's Fulton County address to pick up the child and found a note stating that, since visitation had not begun until July 17, the child could not be picked up until July 31. The mother returned to defendant's house on July 31, but defendant refused to turn the child over to her. Police were called but were unable to resolve the dispute because the mother did not have her court decree with her and the dates of the visitation had not been reduced to writing. As she left the premises, defendant yelled that he would take the child and "You'll never see her again." She returned with her court documents on August 1, to find both defendant and child gone. The mother continued her efforts to locate the child, then six years of age, but was unsuccessful until the child was recovered from the father after an automobile accident in Columbus, Georgia.The court's order dismissing the indictment stated that, it being "clear that the parties expected the child to be returned by the Father to the Mother on July 31, 1991, at his residence in Fulton County as provided in the Divorce Decree. The critical venue code provision is OCGA 16-5-45 (c) (2) [set out above]. . . . While different factual variations could result in venue in the county of residence of the custodian, the venue statute . . . clearly provides that the offense is deemed to be committed in the county to which the minor was to have been returned. This court accordingly concludes as a matter of law that venue of this criminal action lies in Fulton County. . . ."This order assumes, without any authority cited, that the agreement of two parties can alter the terms of a legislative enactment for purposes of determining venue, i.e., by agreeing to physically pick the child up in Fulton County, the mother somehow altered the intent of the venue statute.In OCGA 17-2-2, the general criminal venue statute, subsection (a) provides that actions shall be tried "where the crime was committed, except as otherwise provided by law." Subsection (i) states that "[t]his Code section is cumulative and shall not supersede venue provisions found in other parts of this Code." Section 16-5-45 (c) (2) is such a provision.Whatever the agreement might provide, the charge is that, sometime in the evening of July 31, defendant took the child, left Georgia,