Torts Arising Out of Interference with Custody and Visitation

Thus, because of the “sanctity in the union of parent and child,” where a person interferes with the parent-child relationship, that person should be held liable in damages.

The court next addressed the issue of damages. The court held that there were two elements of damages that could be awarded to the plaintiff, including (1) “expenses incurred in recovering the child, including legal fees,” and (2) “compensation for the loss of the child’s services and/or his care, comfort and companionship.” Id. at 1302. Thus, a parent may recover all out-of-pocket costs associated with re-obtaining custody, as well as any damages for the loss of the parent-child relationship.


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