Inappropriate Parental Influence: A New App for Tort Law and Upgraded Relief for Alienated Parents. Varnado, S. DePaul Law Review, USA, 2011. abstract bibtex The Article first explores the concept of parental alienation, providing an overview of it, discussing how and why an alienator parent alienates, and reviewing its deleterious effects upon alienated parents. It then considers two sources of law - family law and tort law - under which parental alienation could be attacked. Although many jurists, scholars, and lawyers favor one area of law over the other, the Article posits that neither can wholly remedy the harms suffered by alienated parents, given that each focuses on different harms and offers different remedies. Instead, both family law and tort law have an important role to play for alienated parents. That said, given the inadequacy of existing tort law claims, the Article urges for a revamping of tort law to recognize a new cause of action specifically tailored to parental alienation: "inappropriate parental influence." Additionally, it develops this proposed new tort claim, suggesting the elements of it and addressing the valid concerns surrounding the creation such a tort, ultimately concluding that the policy of protecting the parent-child relationship should trump those concerns.
@article{Varnado2011Inappropriate,
author = {Varnado, S.},
title = {Inappropriate Parental Influence: A New App for Tort Law and Upgraded Relief for Alienated Parents},
journal = {DePaul Law Review},
address = {USA},
year = {2011},
volume = {113},
abstract = {The Article first explores the concept of parental alienation, providing an overview of it, discussing how and why an alienator parent alienates, and reviewing its deleterious effects upon alienated parents. It then considers two sources of law - family law and tort law - under which parental alienation could be attacked. Although many jurists, scholars, and lawyers favor one area of law over the other, the Article posits that neither can wholly remedy the harms suffered by alienated parents, given that each focuses on different harms and offers different remedies. Instead, both family law and tort law have an important role to play for alienated parents. That said, given the inadequacy of existing tort law claims, the Article urges for a revamping of tort law to recognize a new cause of action specifically tailored to parental alienation: "inappropriate parental influence." Additionally, it develops this proposed new tort claim, suggesting the elements of it and addressing the valid concerns surrounding the creation such a tort, ultimately concluding that the policy of protecting the parent-child relationship should trump those concerns.},
keywords = {intra-parent competition; parent-child relationship; Legal; Qualitative Research},
language = {English}
}
Downloads: 0
{"_id":"xmFKf56gygWfehomE","bibbaseid":"varnado-inappropriateparentalinfluenceanewappfortortlawandupgradedreliefforalienatedparents-2011","author_short":["Varnado, S."],"bibdata":{"bibtype":"article","type":"article","author":[{"propositions":[],"lastnames":["Varnado"],"firstnames":["S."],"suffixes":[]}],"title":"Inappropriate Parental Influence: A New App for Tort Law and Upgraded Relief for Alienated Parents","journal":"DePaul Law Review","address":"USA","year":"2011","volume":"113","abstract":"The Article first explores the concept of parental alienation, providing an overview of it, discussing how and why an alienator parent alienates, and reviewing its deleterious effects upon alienated parents. It then considers two sources of law - family law and tort law - under which parental alienation could be attacked. Although many jurists, scholars, and lawyers favor one area of law over the other, the Article posits that neither can wholly remedy the harms suffered by alienated parents, given that each focuses on different harms and offers different remedies. Instead, both family law and tort law have an important role to play for alienated parents. That said, given the inadequacy of existing tort law claims, the Article urges for a revamping of tort law to recognize a new cause of action specifically tailored to parental alienation: \"inappropriate parental influence.\" Additionally, it develops this proposed new tort claim, suggesting the elements of it and addressing the valid concerns surrounding the creation such a tort, ultimately concluding that the policy of protecting the parent-child relationship should trump those concerns.","keywords":"intra-parent competition; parent-child relationship; Legal; Qualitative Research","language":"English","bibtex":"@article{Varnado2011Inappropriate,\n author = {Varnado, S.},\n title = {Inappropriate Parental Influence: A New App for Tort Law and Upgraded Relief for Alienated Parents},\n journal = {DePaul Law Review},\n address = {USA},\n year = {2011},\n volume = {113},\n abstract = {The Article first explores the concept of parental alienation, providing an overview of it, discussing how and why an alienator parent alienates, and reviewing its deleterious effects upon alienated parents. It then considers two sources of law - family law and tort law - under which parental alienation could be attacked. Although many jurists, scholars, and lawyers favor one area of law over the other, the Article posits that neither can wholly remedy the harms suffered by alienated parents, given that each focuses on different harms and offers different remedies. Instead, both family law and tort law have an important role to play for alienated parents. That said, given the inadequacy of existing tort law claims, the Article urges for a revamping of tort law to recognize a new cause of action specifically tailored to parental alienation: \"inappropriate parental influence.\" Additionally, it develops this proposed new tort claim, suggesting the elements of it and addressing the valid concerns surrounding the creation such a tort, ultimately concluding that the policy of protecting the parent-child relationship should trump those concerns.},\n keywords = {intra-parent competition; parent-child relationship; Legal; Qualitative Research},\n language = {English}\n}\n\n","author_short":["Varnado, S."],"key":"Varnado2011Inappropriate","id":"Varnado2011Inappropriate","bibbaseid":"varnado-inappropriateparentalinfluenceanewappfortortlawandupgradedreliefforalienatedparents-2011","role":"author","urls":{},"keyword":["intra-parent competition; parent-child relationship; Legal; Qualitative Research"],"metadata":{"authorlinks":{}}},"bibtype":"article","biburl":"https://bibbase.org/f/v9y3N5nSNJCGbutCQ/pasg_all_fields_new.bib","dataSources":["2znj6DDoAPkzAbPbu","dpJ65KQZAq5QWGLhR","fKeAv25rm3KGeNNgj","PnAcKDiPuitiWMt8Q"],"keywords":["intra-parent competition; parent-child relationship; legal; qualitative research"],"search_terms":["inappropriate","parental","influence","new","app","tort","law","upgraded","relief","alienated","parents","varnado"],"title":"Inappropriate Parental Influence: A New App for Tort Law and Upgraded Relief for Alienated Parents","year":2011}