Florida lawmakers debate HB 1385 to curb parental child abduction immunity

A recent meeting of the House Civil Justice & Claims Subcommittee in Florida highlighted a significant legislative proposal aimed at addressing parental child abduction and custody interference. The proposed bill, HB 1385, seeks to allow parents to pursue civil action against another parent who fails to comply with court-ordered timesharing schedules, effectively removing the current civil immunity that protects parents who unlawfully withhold their children.

The discussion began with Representative Barreiro expressing concern over the prevalence of custody violations and questioning the bill's practical enforcement. The bill's proponents clarified that it specifically targets situations with active custody agreements, excluding cases where parents are still married. The definition of "unlawfully" withholding a child would reference existing Florida statutes, providing a legal framework for judges to make determinations in such cases.

Supporters of the bill, including family law experts and affected parents, argued that the current legal landscape offers insufficient deterrents against parental abduction. Timothy Caro, a law professor and family law practitioner, emphasized that the bill would hold parents accountable for their actions, allowing for civil remedies that are currently unavailable. He argued that the absence of civil liability for abducting parents creates a "glaring hole" in Florida law.

However, the proposal faced opposition from the Florida Bar's Family Law Section, which raised concerns about the potential strain on an already overburdened family court system. Critics warned that the bill could lead to increased litigation and the unnecessary involvement of children in court proceedings, potentially weaponizing them in disputes between parents.

Despite these concerns, many committee members expressed strong support for the bill, emphasizing the need for accountability and protection for custodial parents. Representative Lopez highlighted the importance of ensuring that parents' rights are upheld, while others noted the necessity of providing a legal avenue for parents to seek justice when their custody rights are violated.

As the committee concluded its discussions, the bill's proponents reiterated their commitment to refining the legislation to address concerns while ensuring that it effectively deters parental abduction. The next steps will involve further deliberation and potential amendments as the bill moves through the legislative process, with the aim of safeguarding the rights of parents and the well-being of children in Florida.