Sunday, March 09, 2008

Alienation of Affection

Here is a novel approach to the alienation of affection tort.

Alienation of Affection is a legal action (a tort) based on willful and malicious interference with marriage relations by a third party.

For a plaintiff spouse to recover for Alienation of Affection, the following elements are required:
the parties to the marriage were happily married and genuine love and affection existed between them;
such love and affection was alienated and destroyed; and
the wrongful and malicious acts of the defendant brought about the loss and alienation of such love and affection.


Perhaps this can include alienation of affection of a child during or post divorce.
Where the following would read:

Alienation of Affection is a legal action (a tort) based on willful and malicious interference with the child bond between a child and parent brought upon by the interference of another parent and or their family.

For a plaintiff parent to recover for Alienation of Affection, the following elements are required:
the party to the child at one time there was genuine love and affection that existed between them;
such love and affection was alienated and destroyed; and
the wrongful and malicious acts of the defendant brought about the loss and alienation of such love and affection.


Are there any attorneys that would take on such a case?

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