Can a tort claim relating to custody of children be maintained?
Ontario, Canada
The following excerpt is from Curle v. Lowe, 2004 CanLII 22947 (ON SC):
The leading case on whether a tort claim related to custody of children can be maintained is Frame v. Smith 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 (S.C.C.). The facts are that, in the face of an order for the father’s access, the mother flouted the order and prevented contact between the father and his children. The father claimed damages for emotional distress. He based his claims on the tort of conspiracy, intentional infliction of mental suffering, unlawful interference with another’s relationship, damages arising from breach of a court order, and breach of fiduciary duty.
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