# Brown v. Denny

> Ohio Court of Appeals · February 8, 1991 · 72 Ohio App. 3d 417

URL: https://www.frixlaw.com/law-library/cases/3740565

## Case

- **Full name:** BROWN, Appellant, v. DENNY Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** February 8, 1991
- **Citations:** 72 Ohio App. 3d 417; 594 N.E.2d 1008; 1991 Ohio App. LEXIS 493
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilson
- **Judges:** Fain, Brogan, Wilson
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3740565

## How later opinions describe it (automated extraction)

- holding that grandparents tortiously interfered with parental relationship by taking, keeping, or harboring parent’s children

## Opinion text

*424
Wilson, Judge,
concurring in judgment.
I agree with the majority in its disposition of the first and second assignment of error for the reasons stated. In my view, a claim for tortious interference with the visitation rights of a noncustodial parent should also be denied based upon “public policy and fear that it would encourage a multitude of claims for petty infractions.” Kark, Domestic Torts: Family Violence, Conflict and Sexual Abuse (1989) 221, Section 5.17.
The Dennys aided, abetted, and subsidized their daughter in denying the plaintiff a “possessory interest” in his children. However, this activity is not the basis of a civil action under R.C. 2307.50 unless the minor is a victim of a “child stealing crime.” In my view, a person who aids a custodial parent in depriving a noncustodial parent of a possessory interest in his children has not committed a child stealing crime.
I would overrule the third assignment of error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3740565. Public record. Not legal advice.