Parental alienation occurs when one parent inappropriately attempts to negatively influence a child(ren) against the other parent. In some instances, this can lead to the child refusing to visit or have a relationship with the other parent.
In the recent case Glegg v Glass, 2020 ONCA 833. The appellant Father alleged that the Mother alienated the child after she unilaterally moved to Florida with the child and her new spouse, despite a joint custody agreement precluding her from doing so. The matter was extensively litigated after the move, but the daughter ultimately sought an emancipation order and withdrew from both parents control. The Father brought a civil action for $90,000 in damages against the Mother for her alienation conduct toward the child.
The Trial Judge found that this case was not egregious to satisfy the test for intentional infliction of emotional distress and suggested that the Father would be better served filing a claim in family court, as opposed to a separate civil claim.
The Appellant Court considered the public policy restrictions of allowing such claim in Canada and found that the matter was not so outrageous that it required the Courts intervention.
For those interested, check out the full case on CanLii here: https://canlii.ca/t/jc9z
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