Interference with Child Custody
1Elements and Case Citations
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“One who, with knowledge that the parent does not consent, abducts or otherwise compels or induces a minor child to leave a parent legally entitled to its custody or not to return to the parent after it has been left him, is subject to liability to the parent.”
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[/MM_Access_Decision] [MM_Access_Decision access='true']“One who, with knowledge that the parent does not consent, abducts or otherwise compels or induces a minor child to leave a parent legally entitled to its custody or not to return to the parent after it has been left him, is subject to liability to the parent.”
Stone v. Wall, 734 So. 2d 1038, 1041-42 (Fla. 1999).
FLORIDA STATE COURTS
Florida Supreme Court: Stone v. Wall, 734 So. 2d 1038, 1041-42 (Fla. 1999).
Fourth District: Stewart v. Walker, 5 So. 3d 746, 748 (Fla. 4th DCA 2009); Brown v. Brown, 800 So. 2d 359, 361 (Fla. 4th DCA 2001)
FLORIDA REFERENCES
Restatement of Torts (Second) § 700 (1977).
2 Defenses to Claim for Interference with Child Custody
(1) R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.
(2) Statute of Limitations: 95.11(3)(o), Fla. Stat. (four years).
(3) A claim for interference with child custody cannot be established if the child was taken to prevent physical harm. Brown v. Brown, 800 So. 2d 359, 362 (Fla. 4th DCA 2001) (citing Kessel v. Leavitt, 204 W. Va. 95, 108, 511 S.E.2d 720, 733 (1998)).
(4) A reasonable good faith belief that the interference is proper can release a defendant from liability. Stone v. Wall, 734 So. 2d 1038, 1042 (Fla. 1999) (citing Kessel v. Leavitt, 204 W. Va. 95, 108, 511 S.E.2d 720, 733 (1998)).
(5) “If there is a violation of a dissolution of marriage order and/or a court approved agreement and/or statutory parental rights, the family court is uniquely positioned to attempt to correct the violation, to minimize harm, and to fashion a remedy, which may include monetary sanctions.” Davis v. Hilton, 780 So. 2d 974, 976 (Fla. 4th DCA 2001)(emphasis added).
(6) Plaintiff must show he or she had the custody of the child and that the other party interfered with the custody. McIndoo v. Broward Cnty., 750 Fed. Appx. 816, 820 (11th Cir. 2018); Stone v. Wall, 734 So. 2d 1038, 1042 (Fla. 1999).
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