Chapter 26 - CHAPTER 26 TORTS IN FAMILIES

• Jurisdiction: Colorado

Chapter 26 TORTS IN FAMILIES^*

Ronald W. Carlson, Esq.
Courtney R. Edwards, Esq.
Steven Charles O'Connor, Esq.

SYNOPSIS

§ 26.1 MARITAL TORTS

§ 26.1.1—Historical Background

§ 26.1.2—The Modern Approach

§ 26.1.3—Interspousal Immunity

§ 26.1.4—Mandatory Joinder

§ 26.1.5—Res Judicata and Collateral Estoppel

§ 26.1.6—Fraud

§ 26.2 PARENT-CHILD IMMUNITY

§ 26.2.1—Historical Background

§ 26.2.2—Current Status of Parent-Child Immunity in Colorado

§ 26.3 CONCLUSION

When drafting a separation agreement, should a family law practitioner include release language related to conduct during the marriage of either party? Can one spouse sue the other spouse for a tort that occurred during the marriage? Is it malpractice to fail to advise a divorce client who has been assaulted or otherwise wronged by a spouse of a potential cause of action? Can a child sue a parent for either negligence or an intentional tort? While Colorado is generally considered to be a "no fault" state, there may be causes of action relating to the marriage that are not specifically encompassed in the dissolution proceeding, but should not be left unaddressed. Failure to sufficiently...