concurring.
I agree with the court’s decision which conditionally grants the writ of mandamus. As the opinion states, Section 14.10 of the Texas Family Code was designed to stop “self-help” in custody fights. I would further discourage child snatching by joining those jurisdictions which in damage suits have awarded compensatory and punitive damages for the wrongful abduction of children from the one who has lawful custody. The RESTATEMENT (SECOND) OF TORTS § 700 (1977) states:
§ 700. Causing Minor Child to Leave or not to Return Home
One who, with knowledge that the parent does not consent, abducts or otherwise compels or induces a minor child to leave a parent legally entitled to its custody or not to return to the parent after it has been left him, is subject to liability to the parent.
See Fenslage v. Dawkins, 629 F.2d 1107 (5th Cir. 1980); Kajtazi v. Kajtazi, 488 F.Supp. 15 (E.D.N.Y.1978); LaGrenade v. Gordon, 46 N.C.App. 329, 264 S.E.2d 757 (1980).