Legal Question in Personal Injury in California

Emotional Distress, lost wages, etc due to relative kidnapping

My ex husband and his mother kidnapped my daughter and witheld her from me for a week until the DA's child abduction unit could return her to me. No criminal charges were filed due to the complicated nature of the case. I however, lost my job, had to travel 1700 plus miles to get my daughter back and my entire family (especially my children) suffered extreme emotional distress due to their actions. I would like to know what if anything I may due in civil court to recoup some of what I lost. I would like for them to learn that they are not untouchable nor are they above the law. I have been told that because their actions were intentional and it is reasonable to assume that someone in my position would undergo emotional distress that I may have an intentional tort claim against them. I have also been told that some attorneys may take the case on contingency since because of their actions I am now unemployed. Can you please help me and tell me what I should do?


Asked on 3/29/06, 7:07 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Emotional Distress, lost wages, etc due to relative kidnapping

This question should be resubmitted under the family law section. It is my recollection that under the family code they could be liable for the costs incurred in recovering a child that was wrongfully taken from a parent. I do not believe that this requires that the offending party be convicted of a crime. Of course getting a court order that they pay doesnot insure that you will receive any money.

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Answered on 4/12/06, 2:36 am


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