Father brought action against mother for negligent infliction of emotional distress (NIED) allegedly caused by the mother’s bad parenting of the parties’ child. Subsequently, father moved for sanctions alleging mother’s answer was patently frivolous, and mother cross‑moved for dismissal and sanctions. Held: If one parent awarded joint custody ceases to cooperate with the other, the aggrieved parent’s recourse is to seek a termination of joint custody and an award of sole custody to protect the best interests of the child; the non‑offending parent does not become entitled to money damages for the breach because it is not to the parent that the duty is owed.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com