Intentional Infliction of Emotional Distress

[stepmom07]

Could I file a case seperate from a family court preceding if nothing is being done there for my husbands ex wife taking their children out of state on the weekend of our wedding after she agreed to make sure they were going to be there since they were in the wedding. It was supposed to be his weekend but now the court says they can't prove it and now she's trying to say she didn't know about the wedding. I find it hard to believe anyone would buy that, but would I have a case that she was intentionally trying to cause me emotional distress by removing the children from the state making them miss the wedding??

 

[Duranie]

You cannot do anything, your husband can file a motion in family court to see if mom can be forced to reimburse any expenses spent on the children. This also might be small claims issue.

Do you have anything from mom, in writing, with her agreeing to let you guys have the kids that weekend? If she agreed and you have proof and she went back on it, then she might have some explaining to do to a family court judge.

Your husband is probably going to have to take this up in small claims if he cannot get the family court judge to do anything.

In the future, get everything in writing or email, that way mom can be held liable for partially ruining plans like this.

 

[stepmom07]

It was his scheduled weekend, but now mother is saying it wasn't and the court papers don't give exact dates of when visitation is which weekend.. This is the second time she's just taken the children in violation of the court oder. nothing happened in family court and the attys. just sent them to mediation.... i think we got shoved under a rug bc the parenting plan was written too loosely and now there's nothing we can do about it..