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A Remedy To Fit the Crime: A Call for the Unreasonable Rejection of a Parent by a Child as Tort
J. L. & Fam. Stud. (2013)
  • Bruce L. Beverly
Abstract

The U.S. Supreme Court has stated time and again that the privilege to raise a child as a parent sees fit is a substantive fundamental right under the Constitution. However, when faced with the situation where one parent poisons the child against the other parent, and that child then unreasonably rejects a formerly loved parent, Courts have been reluctant to enforce this fundamental right by allowing tortious recovery against the offending parent. This paper briefly examines the legal and mental health controversies surrounding parental alienation and suggests that more Courts should recognize an independent tort cause of action against an offending parent when the relationship between the rejected parent and child is so corrupted as to be unsalvageable.

Keywords
  • parental alienation,
  • tort,
  • fundamental rights,
  • domestic relations,
  • parent child
Disciplines
Publication Date
2013
Citation Information
Bruce L. Beverly. "A Remedy To Fit the Crime: A Call for the Unreasonable Rejection of a Parent by a Child as Tort" J. L. & Fam. Stud. (2013)
Available at: http://works.bepress.com/bruce_beverly/4/