## Facts

- Marian Nash and James Nash were married for about 18 years and had five minor children.
- The petition alleged Jane Baker, a widow who knew of the marriage and children, enticed James Nash away from the family by offering a better home and other inducements, and committed adultery with him.
- Marian sued individually for damages based on alienation of affections and loss of consortium, including punitive damages.
- Marian also sued as next friend for the children, seeking actual and punitive damages for alienation of their father’s affections, interference with family relationships, and loss of their father’s society, affection, assistance, moral support, and guidance.
- The children’s pleading did not allege deprivation of financial support and maintenance; it emphasized relational and emotional losses.

## Issues

1. Whether Oklahoma law recognizes a tort claim by minor children against a third party for enticing their father away, causing loss of the father’s affection, society, guidance, and related family relationship interests.

## Decision

- The trial court sustained the defendant’s demurrer to each of the minor children’s causes of action.
- The Oklahoma Court of Civil Appeals affirmed, holding that minor children have no cause of action for alienation of a parent’s affections by a third party.
- The appeal did not disturb the separate disposition of the mother’s individual claim, and the court confined its review to the children’s asserted claims.

## Legal Principles

- Under Oklahoma common law, minor children may not recover from a third party for alienation of a parent’s affections or for resulting interference with the parent-child relationship where the harm asserted is loss of society, affection, moral support, and guidance.
- Recognition of spousal relational torts (e.g., alienation of affections or loss of consortium) does not require creation of a parallel, independent cause of action for children.
- Absent statutory authorization, Oklahoma courts will not create a new tort remedy imposing liability on a parent’s paramour for relational injuries claimed by the children.
- Where a child’s allegations functionally describe intangible relational loss rather than a concrete deprivation of legally enforceable support, the claim remains outside recognized common-law causes of action.

## Conclusion

The court affirmed dismissal of the children’s claims, aligning Oklahoma with the majority rule that a child has no independent tort action against a third party for alienating a parent’s affections and the resulting loss of the parent’s companionship, guidance, and related family relationship interests.


Nash v. Baker, 522 P.2d 1335 (Okla. Civ. App. 1974)