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A New Tort for Parental Alienation

By James Chau

I just read this from the AP Press New Jersey. Apparently a man is attempting to create precedent in the Civil Courts, by filing a civil lawsuit against his wife for parental alienation in civil court.

The man is claiming that his wife has alienated him from his two children by keeping them away from him and disparaging him in front of them. If he claimed that those things were occurring then most courts would view the proper venue would be family court.

In family court through Child Custody proceeding, one can modify child support orders, or file an OSC regarding a violation of temporary or permanent orders.

Now as far as I am aware parental alienation is not a cause of action I have ever heard of, which one can recover for in Civil Court. I applaud the man for legally going where no man has gone yet, and attempting to create legal precedent. His chances are probably slim to none however.

If you have any Santa Clara County Child Custody Questions, please contact my office.

The Santa Clara County Family Law offices of James Chau practices, throughout Santa Clara County, Sunnyvale, San Jose, Campbell, Mountain View and Milpitas.

Full post as published by San Jose Divorce Law and Family Law Lawyer Blog on November 09, 2007 (boomark / email).