Alienation of Affection suit can be brought against any person that has alienated the affections of one spouse from the other. The suit would not be against you it would be against the third party (your mother) for alienating your affection for your spouse.
- Removing a grandparent from the carpool list is not alienating the child’s affection from that grandparent. Most separation and divorces involve changing the routine in some part. You are not keeping the children from their grandparents.
- Talking to a child about the separation or divorce of their parents is not alienating the child’s affection from one parent unless the discussions are one sided. As in telling all the bad stuff about one parent so that the children are afraid or dislike that parent. Children need to talk to someone during this.
I could be wrong, but I do not know that a suit can be brought against one spouse on behalf of a grandparent or that these scenario’s would even change the child’s affections. It’s very difficult to alienate a child from a parent regardless of what the other parent tries to do.
My husband, during his divorce, had voicemails from both his boys telling him that they hated him because his ex let them read the court papers. All they understood was that Daddy is talking bad about mommy. They did not understand that their mother was threatening to take them out of the state. He never actually said anything to them.
My husband has been and still is the primary caregiver. And the oldest has said repeatedly that he wants to live with us full time…we’re still making him wait on a final decision for this until he turns 13. They do not hate him, but children don’t know that feeling of “I love you but I don’t like you right now”. Or “I’m angry at you but that doesn’t mean that I don’t love you”. They know love and hate and there is no inbetween…
I suggest waiting to see if anything comes of this…if your ex chooses to file this, it would be a very expensive suit for him not to win. They may just be trying to get something out of using “scare tactics”.