Friday, November 7, 2014
Children and Alienation of Affection
The Mississippi Supreme Court decided Brent v. Mathis. yesterday which is located here. This was largely a case of first impression of whether minor children had a cause of action for alienation of affection against a parent's paramour. The Mississippi Supreme Court said no. This resulted kind of surprised me. As the dissent noted in the case, there are a number of earlier opinions particular from the 1800s or so that indicated family members had a cause of action. The holding appears to indicate that the spouse has the right to file broad claims against multiple defendants but that the inverse of multiple parties having the right to file suit against the one who alienated the affections is not legally possible. This appears to make a narrow holding that the spouse themselves is the only individual who has the right to bring the claim.