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Panel approves civil remedy for parental abduction, creating private cause of action for unlawful withholding
Summary
PCS for HB 1385 would allow a parent to sue civilly when another parent unlawfully withholds a minor in violation of a timesharing order; supporters said it closes a gap that gives de facto immunity to abducting parents, while the Family Law Section warned of procedural and child‑involvement risks. The committee reported the PCS favorably.
Tallahassee — The Civil Justice Subcommittee voted to report favorably PCS for HB 1385, a measure creating a civil cause of action against a parent who unlawfully withholds a minor in violation of a court‑ordered timesharing schedule.
Representative Aristide, a sponsor, said the bill would permit a wronged parent to bring a civil suit for damages when the other parent fails to comply with a court‑ordered timesharing schedule. The PCS narrows earlier language and includes thresholds and defenses intended to limit frivolous claims; sponsors said the measure targets substantial and unlawful interference rather than brief or inadvertent delays.
Supporters included Timothy R. Caro, a family law professor with experience in international abduction cases, who said Florida currently grants de facto tort immunity to parents who abduct or unlawfully withhold children and that the bill fills “a glaring hole” by allowing civil redress for harms caused to the left‑behind parent. Robert Glaig, who described his daughter’s abduction to Florida from Canada, urged passage to create deterrence and a path to justice: “Eliminating this immunity would put in place a serious deterrent against parental interference with child custody,” he said.
The Family Law Section of the Florida Bar, through Cash Eaton, opposed the PCS. Eaton said the new cause of action could increase burdens on already overtaxed family courts, create incentives to draw children into litigation, and duplicate existing remedies, including criminal statutes and international remedies under The Hague. He urged further work with the section to address practical and procedural concerns.
Sponsors and several members said the PCS includes safeguards: a 30‑day threshold limiting claims to substantial withholding, a civil standard of proof (greater weight of evidence) appropriate to tort claims, and provisions allowing the same family judge to manage related matters and to bifurcate for civil damages if needed.
The committee clerk announced a roll call of 13 yeas, 0 nays, and the PCS was reported favorably. Supporters said the bill provides a civil deterrent where criminal enforcement and law enforcement involvement have been inconsistent.
