A Parent's intentional interference with visitation may now give rise to a claim for money damages

Currently on appeal are two cases making their way through the New Jersey court system; each taking very different positions on the issue.  In both cases, mothers have allegedly engaged in intentional behavior to cause the breakdown of the relationship between their children and their fathers, who are seeking monetary damages as a result. 

In Segal vs Lynch, Judge Rand in Morris County, relying on the 1935 Heart Balm Act (N.J.S.A. 2A:23-1)  dismissed the claim, while in Smith vs Smith, Judge Gallipoli in Hudson County reached the opposite conclusion.  Judge Gallipoli’s opinion considered the legislative intent of the Heart Balm Act, concluding that its purpose is to prevent claims for loss of marital affection i.e. between spouses and not for harm to a relationship between father and child.  Therefore, he found that the Heart Balm Act was not applicable.   In reaching that conclusion, he found that the claim for emotional distress  (as a result of the loss of the relationship between the father and his children) is separate and distinct from the abolished claim for "alienation of affection" addressed in the Heart Balm Act.

Undoubtedly, this issue will make its way to the NJ Supreme Court and could open a new door long sought by fathers rights groups for years in their efforts to redress alienation type behavior by the other spouse.

If you have any questions about this topic, or any other family law related topics, please visit our website at www.diamondanddiamond.com, or to schedule a consultation with Richard Diamond, please contact us by phone at (973) 379-9292, or email us by clicking here. 

 

Comments

[Dean Tong]

The problem that could arise is the court's out via "harmless error," and the only way to get around that is via experts. Adult victims of parental alienation should seek professional help, albeit, via psychologist or psychiatrist, and obviously the latter if anti-depressant medications such as paxil, prozac, wellbutrin, effexor or zoloft may have to be prescribed. If there's no protective order against unilateral therapy for the child victim of alienation I'd recommend that as well. Obtaining mental health reports from experts that document parental alienation can tip the scales in gray area cases.

Dean Tong, MSc.
abuse-excuse.com

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