How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 23001
Experience:  Attorney with experience in family law.
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

can i sue an ex spouse for emotional distress The stress caused

Resolved Question:

can i sue an ex spouse for emotional distress? The stress caused by her from keeping our children away from me impeeded my job, forced me to move out of state to find work (she had a restraining order against me and the children which lost me a job opportunity). I have had to fly back and forth for court proceedings, pay a superviser to supervise visits, pay a GAL to evaluate the case and now her attorney is asking me to pay her fees for my contempt motions (which were found in my favor). I was also not allowed my court ordered two weeks time with the children during summers for three years, and now she won't answer my phone calls to speak with the children, I don't even know about their well-being. She won't keep me updated on the sale of our marital home. She won't update me on where they go to school or their extra curricular activities. She has lied about me in court. Def of character? Negligience? thank you!
Submitted: 3 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Intentional infliction of emotional distress is extreme and/or outrageous conduct of a sort that is designed to cause, and does cause, extreme emotional distress in the subject. "Extreme and/or outrageous conduct" has been described as "that which is intolerable in a civilized society." As a matter of public policy, a child custody hearing isn't going to fall within that category, because the system wants to encourage parents to go to court and get custody and support orders. In addition, it would be difficult to show that the other parent's motivation here was purely to hurt you, and not to do what is best for the children. If she's behaving pursuant to a court order, that's another reason that you unfortunately couldn't recover.

A negligence action comes about when a person falls below the typical standard of care expected of a reasonably prudent person, causing physical injury and/or property damage. Emotional distress damages are allowed in many negligence cases, but what you're talking about is intentional conduct. It doesn't sound like it's an accident that these things are occurring.

As far as defamation goes, a defamatory statement is an untrue, factual statement, made to a third party, that harms the reputation of the person about whom the statement is made. If she's making statements about you in court that aren't true, those are subject to a qualified privilege. There is an interest in encouraging people to speak out in open court, so a person cannot be sued for those statements. However, if she's making untrue statements about you outside of court, and beyond what is necessary for the court case, then you might have a cause of action for defamation.

I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 23001
Experience: Attorney with experience in family law.
Lucy, Esq. and 6 other Family Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Ely

    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide family and divorce law advice to my clients in my firm.
  • LawTalk's Avatar


    Attorney and Counselor at Law

    Satisfied Customers:

    30 years legal experience. I remain current in Family Law through regular continuing education.
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years legal experience including family law
  • Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    Attorney experienced in all aspects of family law
  • Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)


    Satisfied Customers:

Chat Now With A Family Lawyer
Lucy, Esq.
Lucy, Esq.
5082 Satisfied Customers
Attorney with experience in family law.