Tortius Liability in the case of Parental Alienation

Abstract

            Parental alienation has been studied in the field of psychology for the purpose of resolving family law disputes. Such behavior may also cause harm to the targeted parent. This gives rise to two principal issues. The first issue concerns how the elements of tort liability should be interpreted in cases of parental alienation. The second issue concerns whether, and to what extent, it is appropriate to apply tort law to disputes arising within family relationships.

              The two issues examined in this study are investigated through legal-dogmatic research, employing the comparative law method in the field of Comparative Nomoscopy. The study focuses on a comparative analysis of the legal systems of the United States of America, the Federative Republic of Brazil, and the Federal Republic of Germany.

              With regard to the first issue, the comparative study found that Section 420 of the Thai Civil and Commercial Code constituted the principal provision applicable to such cases. The provision might be interpreted so that such conduct constituted a form of injury to health, and also as an infringement upon visitation rights and parental authority, depending on the circumstances of each case. Section 420 protects such interests as “rights of another kind” within the meaning of the provision.

              With regard to the second issue, the study found that such cases were closely connected with problems arising from family relationships and therefore require specifically tailored legal solutions. Accordingly, the thesis proposes the introduction of additional provisions into Book II and Book V of the Thai Civil and Commercial Code.