Section 14.4 Abrogation of Parental Immunity

• Library: Family Law Deskbook and 2014 Supp

1. (§14.4) Abrogation of Parental Immunity

The Supreme Court of Missouri abolished parental immunity in Hartman ex rel. Hartman v. Hartman, 821 S.W.2d 852 (Mo. banc 1991). Before that decision, a custodial parent enjoyed immunity from tort actions by the parent’s unemancipated children, subject to numerous exceptions. “[T]he adoption of the immunity rested primarily upon the need to ‘preserve and maintain the security, peace and tranquility of the home. . . .’” Id. at 854 (quoting Cowgill v. Boock, 218 P.2d 445, 451–52 (Or. 1950), repudiated by Winn v. Gilroy, 681 P.2d 776 (Or. 1984)). Hartman discusses in great detail the origin, development, and history of this doctrine in Missouri. Parental immunity never extended to emancipated children, the estate of a deceased parent, or a noncustodial parent. Hartman...