Community | December 15, 2008 | 1 comment

Alienated Parents may Sue for intentional infliction of emotional distress

source: http://glennsacks.com/blog/?p=3029

Image
FRED4JUSTICE
20-2-2275 Smith v. Smith, Law. Div.–Hudson Cy. (Gallipoli, A.J.S.C.) (13 pp.) Plaintiff commenced this suit against his former wife and her parents, alleging intentional infliction of emotional distress and negligent infliction of emotional distress, as a result of defendants taking actions to alienate plaintiff from the couple’s children. Defendants claim that plaintiff’s action is for alienation of affections, a cause of action abolished by the “Heart Balm Act,” and should be dismissed for failure to state a claim. The court found that because plaintiff alleged that defendants’ alienating behavior caused him emotional distress, the predicate claim is not alienation of affections but emotional distress.

http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202426573252
  1. groups:
  2. tags:
    Financial Crisis,  CPS,  Fathers 4 Justice,  Parental Alienation,  6 more
  3.     
    |

1 comment // Alienated Parents may Sue for intentional infliction of emotional distress

  • laryholland
    • 0
      laryholland  
    • Image

    • Alienation of Affection would apply for a child as much as the spouse, where the tort has not been abolished. Alienation of Affection has been abolished already in New Jersey. The information in the post presented by the submitter seems to be an accurate workaround to the abolished "alienation of affection" statute in New Jersey. There are also other potential remedies that could be pursued on top of the

      First point. 8 states for alienation of affections statutes.

      These states, as of 7/2007, are: (1) Hawaii, (2) Illinois, (3)Mississippi, (4)New Hampshire, (5)New Mexico, (6)North Carolina, (7)South Dakota, and (8)Utah

      Further: There are "enticement of a minor" actions that can be prosecuted in many states that few know about it. It was never intended to be used in family related cases, except when "custody has been enticed away from a custodial parent."

    • 3 years ago
from the community

top videos