Richards argued that Gulbraa's claim of emotional distress should be dismissed because he has failed to show any "outrageous behavior" on the part of the church.

"You don't think concealing the well-being of children who are allegedly kidnapped doesn't rise to the level of outrageous?" one appellate judge commented.

"The church did not kidnap these children. It was the mother who kidnapped these children," Richards said. "It's the mother who is holding them in Japan and the church is a third party."

Judges pointed out that Gulbraa has alleged the church instructed members to conceal information about his children.

Richards said the church has a right to minister to its members the way it sees fit — including how it shares information about its members.

The court is expected to issue a written ruling in the coming months.

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