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Name: A.A. v. Superior Court
Case #: D062114
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/12/2012
Summary

Mother did not “abduct” child for purposes of bypass provisions where child was lawfully in her care and she moved to Arizona. Mother sought writ review of the juvenile court order denying her services under section 361.5(b)(15), which authorizes bypass when a parent has willfully abducted the child or a sibling and refused to disclose the child’s whereabouts or to return the child. The appellate court found that the trial court erred and granted mother writ relief. At all times, the minor had been “placed” with mother. Mother’s move to Arizona with the minor, and her erratic contact with the Department did not amount to an abduction or a refusal to disclose the child’s whereabouts.