Nash v. Baker

Oklahoma Court of Civil Appeals · 1974 · Torts

522 P.2d 1335 (Okla. Civ. App. 1974)

Updated July 23, 2026

Tortsalienation of affectionspersonal relationschild's cause of actiondemurrerminor childrenenticementabduction

Facts

Five minor children, through their mother as natural guardian and next friend, alleged that the defendant knowingly lured their father away from the marital home by providing him a finer home, sexual charms, and other inducements. The children sought actual and punitive damages for alienation of their father's affections, interference with family relationships, and loss of their father's society, affection, assistance, moral support, and guidance. The petition did not allege deprivation of financial support and maintenance as a separate basis of recovery. The question on appeal concerned only whether the children could maintain any cause of action against a woman who enticed away their father.

Issue

Do minor children in Oklahoma have a cause of action, either under common law or under 76 O.S.1971 §§ 6 and 8, against a third person who entices away their father from the marital home and thereby deprives them of his society, affection, assistance, moral support, and guidance?

Rule

In Oklahoma, a minor child has no common-law cause of action against a third person for luring away the child's parent and thereby breaking up the parents' marriage and depriving the child of the parent's society and guidance. Nor do 76 O.S.1971 §§ 6 and 8 create such a remedy, because § 8's protection against the 'abduction of a parent from his child' does not extend to mere enticement away of the parent.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Tulsa, ten-year-old Evan Mercer, through his aunt as next friend, sues Dana Larkin, alleging Dana persuaded Evan's mother to leave the family home and move in with Dana's brother. Evan seeks damages for loss of his mother's companionship, affection, advice, and day-to-day guidance.

Under Oklahoma law as stated by the majority opinion, is Evan's suit most likely viable?

Explanation. The majority held that a minor child in Oklahoma has no common-law cause of action against a third person for luring away a parent and thereby depriving the child of the parent's society and guidance. It also held that 76 O.S. §§ 6 and 8 do not create such a remedy for mere enticement. The identity of the next friend does not alter the absence of a cause of action.