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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112685
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex-husband daughter continues with the harassment to her

Customer Question

My ex-husband daughter continues with the harassment to her and speaking detrimental things to the children about their mother. He calls her a retarded woman, a liar, etc. and tells this to the children during his skyping visitations. He continues with
emails and calling her dishonest etc. It is too much and he does not stop. Court has put a sanction and he has paid. He is manipulating the children by telling them that the stepmother is a better mother, that they need to live with him, that the mother is
an unfit mother etc. He calls Child protective service and accuse her falsely, he do not want to follow parenting plan and do not exercise his visitations rights during vacation saying that he has no money to have the children. He wants to force visitations
that are not in the parenting plan to make up with girls the time he has not spent with them...and more. This is causing lots of emotional distress to my daughter and myself. We need to do something about it. the question is: I heard that my daughter can file
a complain for Intentional infliction of emotional distress (we have proof of his actions, recording, emails etc) with the Intentional Torts Civil law. Is this true? and how do we do it? and I guess I need an attorney on civil law?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you can prove he is making these known false statements with malice about her, then she could potentially have a claim against him for defamation as well as the intentional infliction of emotional distress, for her and also intentional infliction of emotional distress for the children as well. In AZ to have a case for intentional infliction of emotional distress, you must show the conduct is so outrageous it would shock the conscience of the reasonable person. See: Rutldege v. Phoenix Newspapers,

148 Ariz. 555, 715 P.2d 1243 (1986).

You would use a local general litigation attorney or personal injury attorney to file the suit.