Plante v. Engel
New Hampshire Supreme Court
124 N.H. 213, 469 A.2d 1299 (1983)
- Written by Sarah Hoffman, JD
Facts
Brian Plante (plaintiff) and his ex-wife, Carolyn Plante, were the parents of two minor children. In the divorce, Brian was awarded permanent custody of the children. In violation of the terms of the divorce decree, Carolyn moved out of state with the children without notifying Brian. Brian filed suit against Carolyn’s parents, John Engel and Elizabeth Engel (defendants) on the grounds that, while having knowledge of the terms of the divorce decree, they had aided and abetted Carolyn in taking the minor children in violation of the divorce decree with the intent of depriving Brian of the rightful custody of his children. Brian argued that the court should recognize a cause of action for intentional interference with parental custody against third parties who are not the parents. The trial court did not recognize that such a cause of action existed and therefore found for the Engels. Brian appealed.
Rule of Law
Issue
Holding and Reasoning (Batchelder, J.)
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