## Facts

- A superior court divorce decree awarded Brian S. Plante permanent custody of his two minor children.
- Without notifying Plante and contrary to the decree, the children’s mother removed the children from New Hampshire and relocated to Texas.
- Plante alleged the maternal grandparents, John N. Engel and Elizabeth Engel, knew of the custody order and intentionally aided and abetted the mother’s removal and relocation to deprive Plante of lawful custody.
- Plante sought damages for expenses incurred in locating and regaining the children, and for loss of custody, comfort, and companionship.

## Issues

1. Whether New Hampshire recognizes a tort claim for intentional interference with parental custody when a third party knowingly aids and abets a noncustodial parent’s violation of a custody decree.
2. Whether the plaintiff’s allegations, taken as true on a motion to dismiss, stated a cognizable cause of action.

## Decision

- The New Hampshire Supreme Court reversed the dismissal and remanded.
- The court held that intentional interference with a parent’s custody is actionable in tort when the parent has custody by court decree and damages are alleged.
- The court concluded that the allegations of knowing assistance by the grandparents were sufficient to proceed under the recognized cause of action.

## Legal Principles

- A custodial parent with custody established by court decree may maintain a tort action for intentional interference with parental custody against a person who abducts, harbors, or knowingly assists in the wrongful removal or retention of the child.
- Because the parent-child relationship is closely connected to the parent’s person, the remedy for intentional custody interference may include full compensation for both out-of-pocket losses (such as recovery expenses) and nonpecuniary harm from loss of the child’s care, comfort, and companionship.
- On a motion to dismiss, properly pleaded facts are treated as true, and reasonable inferences are drawn in the plaintiff’s favor.

## Conclusion

New Hampshire recognizes a tort claim for intentional interference with parental custody, including claims against third parties who knowingly aid a noncustodial parent in violating a custody decree, and permits recovery for both economic losses and deprivation of the parent-child relationship.


Plante v. Engel, 124 N.H. 213, 469 A.2d 1299 (N.H. 1983)