Padula-Wilson v. Landry

841 S.E.2d 864

Amanda C. PADULA-WILSON

v.Scott David LANDRY, et al.

Record No. 190107

Supreme Court of Virginia.

May 14, 2020

Amanda Padula-Wilson (Parental Rights Law Center, on briefs), for appellant.

William L. Mitchell II (Michelle Jessee, Fairfax; Thomas H. Roberts, Richmond; Eccleston & Wolf; Thomas H. Roberts & Associates, on brief), for appellee Scott David Landry.

Angela Boice Axselle (Joel M. McCray ; Wimbish Gentile McCray & Roeber, on brief), for appellees Michele Killough Nelson, PHD and Forensic Psychology Associates, PC.

(Juliane C. Miller ; Harman, Claytor, Corrigan & Wellman, on brief), Alexandria, for appellee Cara Campanella.

(Tracy Taylor Hague, Richmond; Dustin M. Paul, W. Thomas Chappell, Norfolk; Vandeventer Black, on brief), for appellees Laura E. Wert and The Westwood Group, LLC.

(Christopher Hassell ; Michael Trumble, Fairfax; Bonner, Kiernan, Trebach & Crociata, on brief), for appellee Jill A. Ferrante Gasper.

PRESENT: All the Justices

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

This case calls upon us to address the scope of the tort of interference with parental rights. The mother of three children involved in custody and visitation proceedings alleges that various professionals who participated in those proceedings, including the children’s guardian ad litem, and several counselors and therapists, conspired, lied, and acted maliciously among other things, to deprive the mother of the rightful custody of her children and thereby tortiously interfered with her parental rights. The children’s mother also alleges that one of the therapists defamed her. The circuit court granted the defendants’ demurrers to these claims. For the reasons we articulate below, we will affirm the judgment of the circuit court.

BACKGROUND

The following background emerges from the allegations in the complaint and the exhibits attached to the complaint.

I. THE DIVORCE AND CHILD CUSTODY PROCEEDINGS.

Michael Wilson and Amanda C. Padula-Wilson married in August 1999. Three children were born of the marriage, A.W., C.W., and A.G.W.¹ The parties separated in 2012. Initially, Padula-Wilson had custody of the children; Wilson had supervised visitation. In the context of adjudicating custody and visitation, the circuit court appointed Scott Landry to serve as the children’s guardian ad litem. Michele Nelson, Ph.D., a partner at Forensic Psychology Associates, PC ("Forensic"), was appointed to conduct mental evaluations of both parents and she was later engaged, over Padula-Wilson’s objection, to set a visitation schedule between Padula-Wilson and her children. Following a recommendation from Dr. Nelson, Dr. Jill Gasper, Ph.D., conducted reunification therapy between Wilson and C.W. Laura Wert was hired to provide therapy for C.W. Cara Campanella provided therapy for A.W. and A.G.W. Campanella and Wert practice at the Westwood Group ("Westwood").

Dr. Gasper initially recommended to Landry a plan of visitation and that neither parent "record the children ... for purposes of litigation" or "discuss with the children litigation related matters [or] relocation plans."

In April 2013, C.W. told Landry that Wilson was physically abusive and provided a written account of having been physically abused.² After later meeting with Padula-Wilson, Landry wrote a report recommending that the custody court award joint legal custody with physical custody to Padula-Wilson.

Several days later, Landry, Dr. Nelson, and Dr. Gasper discovered a website that Padula-Wilson had created about the case. The website included videos of the children and mentioned Landry, Dr. Nelson, and Dr. Gasper. Landry and Dr. Gasper thereafter altered their reports to recommend that Wilson have sole custody and that Padula-Wilson be limited to supervised visitation. They later testified that the website and videos led them to conclude that Padula-Wilson was actively alienating the children from Wilson, "damaging" them and "poisoning" their relationship with him.

In August 2013, Dr. Gasper and Landry testified that Padula-Wilson was delusional, psychotic, and a flight risk, and recommended the children be removed from her custody. On August 20, 2013, the court removed the children from Padula-Wilson and denied her visitation. In March 2014, the custody court permitted supervised visitation between Padula-Wilson and the children.

Later, the court entered a June 2014 final order awarding sole legal and physical custody of the children to Wilson. The order also provided that Padula-Wilson would "continue to have visitation based on the recommendations of Dr. Michele Nelson." It clarified that Padula-Wilson "shall only have unsupervised visitation with the children when and if Dr. Nelson determines that it is appropriate or determines any alternatives that are in the best interests of the children." The circuit court also mandated that A.W. continue therapy with Campanella, "who shall coordinate with Dr. Nelson regarding [A.W.]’s visitation with the [mother]." See Padula-Wilson v. Wilson , Record No. 1203-14-2, 2015 WL 1640934 (April 14, 2015). Padula-Wilson subsequently appealed from the June 2014 order, raising several issues. The Court of Appeals of Virginia affirmed the judgment in part, reversed in part, and remanded the action. With respect to the custody and visitation order, the Court of Appeals concluded that the circuit court erred in delegating its judicial authority to Dr. Nelson and Campanella. Id.

Ultimately, in March 2017, the circuit court entered an order granting both parents joint legal and physical custody over C.W. and A.G.W.

II. THE COMPLAINT.

In 2017, Padula-Wilson, an attorney acting pro se, filed a multi-count complaint spanning 66 pages and 276 paragraphs, along with exhibits. Only two counts are relevant to the issues before us.³ She alleged tortious interference with parental rights and defamation. She sought $16,000,000 in compensatory damages from the various defendants and Wilson (who was not a named defendant) and $350,000 in punitive damages from each of Landry, Dr. Nelson, Dr. Gasper, Wert, and Campanella, plus costs, attorney’s fees, and interest.

A. Allegations of tortious interference with parental rights.

Padula-Wilson alleged that Landry, Dr. Gasper, Dr. Nelson, Wert, and Campanella intentionally interfered with her parental rights by removing her children from her and by causing her to have no contact with any of the three children from August 2013 through March 2014, only limited or supervised visitation with two children from March 2014 through March 2017, and no contact with the third child from August 2013 through March 2017, except for two months of supervised visitation in early 2014.

Padula-Wilson alleged that Landry acted maliciously and in bad faith, colluding with the co-defendants; made false statements about her to mental health professionals and police officers; suppressed evidence of Wilson’s physical abuse; exceeded the scope of his appointment as guardian ad litem and breached the standards for guardians ad litem promulgated by the Virginia State Bar; made false statements about her in and out of court; entered her home without permission while she was on vacation; and allowed Wilson to take the children to visit a convicted pedophile.

Padula-Wilson alleged similar conduct by Dr. Gasper, substituting the standards of the American Psychological Association for those of the Virginia State Bar. She further alleged that Dr. Gasper exceeded the scope of her appointment as a reunification counsellor for C.W. and Wilson; that she purported to diagnose Padula-Wilson, who was not her patient; and that she improperly disclosed confidential medical information.

With respect to Wert, Padula-Wilson alleged similar conduct, adding allegations that this defendant suppressed information about C.W.’s 9-1-1 call and that she acted vindictively after she learned that Padula-Wilson was representing a plaintiff in a $6,000,000 wrongful death action against her.

Padula-Wilson alleged similar conduct by Dr. Nelson, but she also alleged that Dr. Nelson used the authority of the custody court’s original order delegating visitation decisions to her, later reversed by the Court of Appeals, to deny Padula-Wilson contact with the children after she learned that Padula-Wilson was representing a plaintiff in a $6,000,000 wrongful death action against her.

Padula-Wilson alleged conduct by Campanella similar to that of Dr. Gasper, adding the allegation that Campanella failed to diagnose or treat A.W.’s Asperger’s syndrome.

Finally, Padula-Wilson alleged that Forensic was vicariously liable for Dr. Nelson’s acts and that Westwood was vicariously liable for the actions of Wert and Campanella.

B. Allegations of defamation.

In a separate count, Padula-Wilson alleged defamation by Dr. Nelson⁴ based on specific statements contained in emails Dr. Nelson generated in connection with her work in the custody case. The specific statements are set forth in Part II of this opinion.

C. The Circuit Court grants the defendants’ demurrers.

The defendants filed demurrers in response to the complaint. The circuit court granted the demurrers and dismissed the complaint. First, on the tortious interference with parental rights count, the circuit court ruled that the tort did not apply under the facts of this case. The circuit court concluded that extending the tort to cases like this one would open the door to every parent on the losing side of a custody or visitation case to sue the prevailing parent’s witnesses, alleging that their testimony was false.

Second, the circuit court opined that even if any of the defendants had testified falsely, Padula-Wilson had the opportunity to expose that falsity through cross-examination during the in-court proceedings that led to the custody and visitation orders. Her due process rights therefore were not violated. Further, the custody and visitation decisions were made by the custody court, not the defendants, so the complaint could not allege that they...