GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 946

Short Title:  Alienation of Affection.	(Public)

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Sponsors: Representative Decker.

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Referred to:  Judiciary II.

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April 8, 1999

A BILL TO BE ENTITLED
AN ACT TO CODIFY THE COMMON LAW CAUSE OF ACTION OF ALIENATION OF SPOUSAL AFFECTION; AND TO CREATE CAUSES OF ACTION FOR ALIENATION OF PARENTAL AND GRANDPARENTAL AFFECTION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 50 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 3.
"Alienation of Affection.
"§ 50-40.  Alienation of spousal affection.
(a)	Each of the following elements are required for an alienation of spousal affection cause of action:
(1)	The existence of a marriage characterized by genuine love and affection;
(2)	The love and affection of one spouse for the other is alienated and destroyed; and
(3)	The wrongful and malicious conduct of the defendant is the controlling cause of this alienation.
(b)	A cause of action for alienation of spousal affection may be maintained only by either spouse against a third party.
(c)	Upon a finding of alienation of spousal affection by a preponderance of the evidence, a court may order monetary damages.
"§ 50-41.  Alienation of parental affection.
(a)	Each of the following elements is required for an alienation of parental affection cause of action:
(1)	The existence of a relationship between a parent and a minor child characterized by genuine love and affection;
(2)	The love and affection of the minor child for the parent is alienated and destroyed; and
(3)	The wrongful and malicious conduct of the minor child's other parent is the controlling cause of this alienation.
(b)	A cause of action for alienation of parental affection may be maintained only by one parent against the other parent of the child.
(c)	Upon a finding of alienation of parental affection by a preponderance of the evidence, a court may order monetary damages or may issue or modify an order for visitation or custody of the minor child.  No order regarding visitation or custody of a minor child shall be made unless the court finds that it is in the best interests of the child.
"§ 50-42.  Alienation of grandparental affection.
(a)	Each of the following elements are required for an alienation of grandparental affection cause of action:
(1)	The natural love and affection of the minor child for the biological grandparent is alienated and destroyed, or is not allowed to develop; and
(2)	The wrongful and malicious conduct of one or both of the minor child's parents is the controlling cause of this alienation.
(b)	A cause of action for alienation of grandparental affection may be maintained only by a grandparent against one or both of the parents of the child.
(c)	Upon a finding of alienation of grandparental affection by a preponderance of the evidence, a court may order monetary damages or may issue or modify an order for visitation with the minor child.  The court may order visitation with the minor child in favor of the grandparents even if custody of the minor child is not in dispute.  No order regarding visitation with a minor child shall be made unless the court finds that it is in the best interests of the child."
Section 2.  This act becomes effective October 1, 1999, and applies to causes of action arising on or after that date.