One parent can sue the other for allegedly poisoning his relationship with their children, an appeals court has ruled, in the first New Jersey recognition of a cause of action for infliction of emotional distress for such conduct. The court described the case as a novel one, pitting "the fundamental principles of a child's best interests against the right of a civil claimant to obtain compensation for his or her injuries from a tortfeasor."
May 10, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
One parent can sue the other for allegedly poisoning his relationship with their children, an appeals court said May 3 in the first New Jersey recognition of a cause of action for infliction of emotional distress for such conduct.
A lower court had dismissed the claim as barred by the Heart Balm Statute, but the Appellate Division, in Segal v. Lynch, A-805-08, said the statute applies only to claims based on the loss of a marital or conjugal relationship.
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