Hulsh v. Hulsh

The appellate court considered whether to recognize a new tort for interference with custodial rights in the context of international child abduction. The appellate court declined to do so and affirmed the trial court’s dismissal of the complaint, explaining that Illinois courts have repeatedly declined to recognize such a claim and that public policy did not support a new cause of action because the aggrieved parent could have obtained the relief sought in federal court in the underlying Hague Convention Proceedings. (C.A. WALKER, concurring and ODEN JOHNSON, dissenting)