What is the test for the unlawful taking or withholding of a minor child from the custody of the parent or guardian?
California, United States of America
The following excerpt is from Luna v. Alvarado, F076437 (Cal. App. 2019):
"It has long been established that the unlawful taking or withholding of a minor child from the custody of the parent or guardian entitled to such custody constitutes an actionable tort." (Surina v. Lucey (1985) 168 Cal.App.3d 539, 542 (Surina).) However, the critical consideration is whether the parent or guardian has legal custody of the child, as "[o]ne who is not entitled to custody has no privilege to interfere with the legal custody of the child." (Ibid.)
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