Bidna v. Rosen

Opinion

SILLS, P. J.

I

The trajectory of the case law now governing malicious prosecution claims arising out of family law proceedings arcs toward one destination: a bright line barring any such claims, no matter how egregious the defendant’s conduct in the family law action. The present case (at least as pled) is egregious indeed, and forces us to ponder whether the arc should be completed.

After the trial court awarded primary physical custody of a couple’s daughter to the husband, the wife’s mother told him that she would use her superior financial resources to keep reopening custody issues…