The Tort Liability Of One Parent Who Abducting His Children For Violating The Custody Of The Other Parent After Divorce

The custody of the parents is protected by law,one parent who abduct his children after divorce is an act that violates the custody of the other parent,which shall be liable for damages.American law takes a fairly strict attitude for parent who abduct his children,if that parent cannot prove the existence of the legitimate defense,he must to compensate the other parent all reasonable costs including mental injury incurred by the abduction,if there is a malicious,or revenge behavior,the court will also require it to pay a high amount of punitive damages.Through a series of legal provisions,this kind of behavior is included in the field of tort law in China.Although these regulations are relatively brief,but in judicial practice,however,mature defenses and standards of compensation for mental injury have been formed,which can basically solve the problem of parental abduction.The path to further improvement of china's law is to increase the project of property loss compensation,including the lawyer's fee,the lost wages,the fee of missing person's notice,the board expenses,the medical expenses,the nursing and nutrition expenses.Right now,it is not necessary to introduce punitive damages.