A government authority that removes a child from their family without statutory authority may be liable for misfeasance in public office, false imprisonment, breach of duty of care, and breach of fiduciary duty. Where the State acts as statutory guardian, it owes fiduciary duties including a duty to inform the ward of the circumstances of removal and to ensure access to independent legal advice. The foreseeability of psychiatric harm from separating a child from their natural family was established by the state of medical knowledge in the late 1950s. Extensions of time under limitation legislation may be granted for historical child removal claims where the plaintiff was unaware of the illegality of the removal.
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