In a suit that could create a new marital tort in New Jersey, a noncustodial father is suing his children’s mother for alienation of their affection for him, which he says should allow him recovery of psychological damages.

There is no legal precedent in New Jersey for an alienation-of-affection suit by one parent against the other, but New Jersey has allowed other interspousal tort actions, such as for physical abuse, and plaintiff’s lawyer Steven Resnick says the facts of his case warrant such treatment.

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