Wood v. Wood

LARSON, Justice.

The substantive issue here is whether a claim for damages may be asserted against a parent who has refused to return the parties’ child within the time provided in the dissolution decree. A motion to dismiss the petition was sustained by the district court. We reverse and remand.

The plaintiff’s petition alleged that, “from December 25, 1981, to January 29, 1982, the defendant kidnapped the minor child of plaintiff from her care, custody and control” and that such act was “negligent, willful, malicious and in utter disregard for the rights of. the plaintiff.” She demanded…