Case Number
CA 2034/98
Date Decided
10-4-1999
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: Three children, orphaned of their mother, were emotionally abandoned by their father, who refused all contact with them. The emotional neglect caused them severe psychological damage that continues to impede on their adult lives. The children sued their father in tort for emotional damage and won at the district court. The father appealed.
Held: The father’s severe emotional neglect of his children breached his duties under the Legal Capacity law, which, inter alia, requires parents to provide for the educational needs of their children. Education includes equipping children with the basic life skills. A parent must act for the benefit of his or her child, with the care that an ordinarily devoted parent would use. The severity of the father’s neglect constituted a breach of his duty of care, giving rise to an action in tort based on breach of statutory duty. Justice Or wrote to note that the egregiousness of the father’s behavior made this case unique, and that in future cases, courts may have to draw more precise lines delineating parental duties.
Appeal denied.
Keywords
Family Law -- Parenthood, Torts -- Exemptions from liability
Recommended Citation
Englard, Izhak; Or, Theodor; and Zamir, Itzchak, "Amin v. Amin" (1999). Translated Opinions. 48.
https://larc.cardozo.yu.edu/iscp-opinions/48
