Recent Cases in Torts and Family Relationships in HI, IL

The Hawaii Supreme Court recognized a claim for loss of parental consortium by a child, whether a minor or an adult, when the parent is severely injured:

HELG Admin. Servs., LLC v. Dep’t of Health, 154 Haw. 228, 236, 549 P.3d 313, 321 (2024) (holding “that loss of parental consortium is cognizable for a child, whether a minor or an adult, when a parent is severely injured”; noting “that since 1977, ‘there has been a clear and substantial trend toward recognizing parental consortium.’ (quoting Restatement (Third) of Torts: Concluding Provisions (renamed Miscellaneous Provisions) § 48C, cmt. a (2022)); recognizing “a ‘split on whether an adult child [versus a minor child] can pursue a parental consortium claim.’ ” [Id.] at cmt. g (bracket in text included in court’s opinion)).

In another decision, an Illinois appellate court declined to recognize a claim for tortious interference with custodial rights:

Hulsh v. Hulsh, 2024 IL App (1st) 221521, ¶¶ 18, 26, 29, ___ Ill. App. 3d ___, ___, ___ N.E.3d ___, ­___ (2024) (“[N]o cause of action for tortious interference with custodial rights exists in Illinois.”; acknowledging “that a number of other states have recognized the tort”, but concluding that “the Hague Convention and ICARA [International Child Abduction Remedies Act, 22 U.S.C. § 9001 et seq. (2018)] already provide” the plaintiff “with a statutory remedy for the very damages she seeks”).