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6th Grader Sues Dad Over Grounding - And Wins
Filed under: In The News, Weird But True
The 12-year-old girl's parents are divorced; in the spring of 2008, the girl's mom gave her permission to go on a class trip to Quebec City in June. But the middle-schooler lived with her father, and after she disobeyed daddy's orders to stay off the Internet, he told her she couldn't go. So what did she do? She took him to court. Of course.
A lower court ruled in favor of the girl, who went on the embattled class trip. Her father appealed -- on principle - -and amazingly, the girl won again. The father's attorney, Kim Beaudoin, says that her client is "flabbergasted" and they are considering another appeal, this time to Canada's Supreme Court. But, the attorney adds, the father has no regrets about the court proceedings. "Either way, he doesn't have authority over this child anymore. She sued him because she doesn't respect his rules," Beaudoin said. "It's very hard to raise a child who is the boss."
10 Dumbest Laws in America
Virginia
Children are not to go trick-or-treating on Halloween.
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Nevada
It is illegal to drive a camel on the highway.
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Colorado: It is illegal to ride a horse while under the influence.
Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Florida: A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing.Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Wisconsin: Margarine may not be substituted for butter in restaurants unless it is requested by the customer.
Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Illinois: You may be arrested for vagrancy if you do not have at least one dollar bill on your person.
Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Georgia: Donkeys may not be kept in bathtubs.
Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Texas: A recently passed anticrime law requires criminals to give their victims 24 hours notice, either orally or in writing, and to explain the nature of the crime to be committed.
Image couresty of Flickr, licensed under Creative Commons.
This and more other dumb laws can be found at DumbLaws.com.
Now, I don't know a lot about the law, but I watch enough "Law & Order" to know that one thing that counts in the legal world is precedent. CBC News says that "the appeal court warned [that] the case should not be seen as an open invitation for children to take legal action every time they're grounded." But here's thing: If you don't want someone to consider using your ruling in other cases, maybe you shouldn't make the ruling. And what could the judge's reasoning possibly have been? Lucie Fortin, the Legal Aid lawyer who helped the girl take her pops to court, said that "The trip was very important" to the daughter. How is that a legal argument? Don't parents have the right to punish their children? (This is like making Consensual Living a legal requirement.)
Sadly, the case has destroyed the relationship between the girl and her father. "We went from a child who wanted to live with her father, and after all this has been done, they're not speaking anymore." The father's attorney adds, "We have a lot of work to re-establish a link between those two."
| The court - the dad made the wrong choice. | |
|---|---|
| The father - she deserved to be grounded. | |
| The girl - kids have rights, too! | |
| The whole thing is just ridiculous. |
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ReaderComments (Page 6 of 23)
4-08-2009 @ 10:39PM
Lena said...This will happen here in the US if we adults don't stand up for our families. Check parentalrights.org
Reply
4-08-2009 @ 11:01PM
Valerie said...Excuse you, Jeff! Although as a parent I agree that this case was disgusting and that the Judge should be removed from the bench or at the very least reviewed for his actions, but to go as fas as you went, saying some of the the disgusting things that you did, calling her a name such as cunt, pig and then to go and say you would pray for her to get hit by a bus. You, my friend as a poor excuse of a human and all I can hope for is that someone that gives even the smallest shit about you gives you a hug. Cause you are in such desperate need of love/mental help. Some things that kids these days do boggles my mind but what really disturbes me is the things like pathetic little worms like you say not only makes me sick but makes me lose sleep. Please, instead of typing the crap you do on message boards, please go seek professional help and get on some type of meds! Your clearly unstable. Im sure we will read about you one day on here having murdering your kids or severly abusing them! Pathetic little man that you are!
Reply
4-08-2009 @ 10:42PM
KathiCL19 said...You're all missing the point: the mother had primary legal custody, the father just didn't have the legal right to make the choice for that punishment. If that mother and father and united in their judgement that the child should be deprived of the trip as punishment, the case would never even have made it to court, but the court was ruling that the father could not take away something that the mother had already planned. The judge was right. Should the child have obeyed her father's rules while she was at her father's home? absolutely? but the punishment should have been something that then had to do with the father's home, not with her life in general. He had not right to arbitrarily say the child couldn't go on the trip without consulting the mother. If he wants that kind of leverage, then he should try to get primary legal custody, without it, he doesn't get the final say on what the child does - only things that take place in his home while the child is with him are under his jurisdiction.
Reply
4-08-2009 @ 10:56PM
Mihir said...sorry, but where in the article does it say the mother had primary legal custody? the only line i could find infers the father was the primary:
"She had been living with her father after her parents split up when he grounded her in 2008 ..."
it says the girl _now_ lives with her mother. again inferring the father had primary custody previously.
anywho ... oh canada. what has become of you my neighbor to the north? first your sham of a "human rights commission", and now this.
4-09-2009 @ 3:39PM
pthomp said...In the second paragraph of the story it clearly states the child lived with the father. Granted, it doesn't say where the girl was at when she broke the internet ban, but it should not have made it to the courts. Why was she banned from the internet ? When was she banned ? And why did she break this ban ? Will momma accept blame and responsibility for all future infractions, large or small ? If this child is kidnapped from her home or on her way home from school because of her internet activity, will momma blame the father ?? THAT JUDGE REALLY S(REWED UP !!!!! HE SHOULD BE SHOT !!!!
4-08-2009 @ 10:53PM
Wolvesofodin said...This is the dumbest thing that I have ever heard. The attorney that took that case should lose his license and the judge should be made to step down as well. How in the hell did it come to the point where kids can sue their parents over being grounded. Stuff like this is making me lose faith in humanity in general.
Reply
4-08-2009 @ 11:00PM
revrm1 said...Kris, Your comment tells me that You and Your lawyer is2 of the stupidest people in the world. Every child should have discipline so they will grow up and respect the law. Your comment tells me that You or Your children don't have any kind of respect for the rules. Stupid is what stupid does!!!!!!!!!!!!
Reply
4-08-2009 @ 10:52PM
mike hylton said...You think this wont happen in the USA? a far left liberal is in power now who will apoint judges of a like mind, the people wanted him and they will suffer his mistakes, be patient we are slowly becoming just like canada,, its gonna be fun to watch this country unravel
Reply
4-08-2009 @ 10:53PM
Sammy said...That's a girl that needs to be slapped in the back of the head.
Reply
4-08-2009 @ 11:07PM
Milton rowlison said...I really have no idea why people have children in this day in age. From what I've observed the negative experiences of parenting far out weight the positive.
Reply
4-08-2009 @ 11:01PM
AnDrade said...Mare: The biggest mistake that two married parents can make is to "try to work it out for the kids." If there are serious issues within the marriage, get a divorce. What happens in instances where this doesn't happen is that the issues never get fully resolved and the children grow up with an example of a dysfunctional/unloving relationship between their parents and they often go on to have similar relationships in their adult lives. They often view such dysfunctional/unloving relationships as "normal".
We have too much of this within America.
Lastly, let us not forget that just because two people have children, that they also still have lives. These lives should still be fulfilling. One should sacrifice for their children in a rational way.To insist that two people live in misery because of a twisted sense (and ultimately harmful) sense of duty to their children, is ridiculous.
Reply
4-08-2009 @ 11:08PM
AnDrade said...Mare: The biggest mistake that two married parents can make is to
"try to work it out for the kids." If there are serious issues
within the marriage, get a divorce. What happens in instances where
this doesn't happen is that the issues never get fully resolved and
the children grow up with an example of a dysfunctional/unloving
relationship between their parents and they often go on to have
similar relationships in their adult lives. They often view such
dysfunctional/unloving relationships as "normal".
We have too much of this within America.
Lastly, let us not forget that just because two people have children,
that they also still have lives. These lives should still be
fulfilling. One should sacrifice for their children in a rational
way.To insist that two people live in misery because of a twisted
sense (and ultimately harmful) sense of duty to their children, is
ridiculous.
Reply
4-08-2009 @ 11:10PM
Teriza said...This is just going too far as usual. Another case of idiots in robes making rulings that set precedence for even crazier laws to follow. I would let the judge have the disobedient child and let him try to raise her. I know how hard it is. I have a 12 year old mouthy daughter who doesn't want to listen or follow rules either. So she will be going to her dads for awhile. LOL
Reply
4-08-2009 @ 11:10PM
Dd said...What may be going on here is a father wanting to punish the mother for giving permission for the trip without consulting him, essentially using the little girl as a pawn. If that's not the case, and the father just took away a valued privilege because she failed to follow the rules set down for her, then I'm with the dad.
We may not have the entire story, because the girl may be the type who pits the parents against one another. She may also have repeatedly disobeyed the father when it came to rules about the internet. Or always says "Mom lets me". Mom could be an alcoholic, or extremely permissive......we just don't know.
Children should NEVER be allowed to sue their parents until they are 21. If you are not legally responsible enough to sign a contract until age 21, then you have NO legal recourse via lawsuit.
What's next, lawsuits from kids who feel they didn't get enough presents for Christmas? Or a lawsuit because 'mom likes my little brother more than me'.
If actual abuse occurs, the city or state authorities will file criminal charges. But anything else should be thrown out of court.
This is clearly a game of control, and the only place this child could have gotten control issues is from the parents. Guess the little girl will learn there are consequences after all......a broken relationship with her father, and she now has to live with the mother.
Reply
4-08-2009 @ 11:56PM
Valerie said...I agree with pretty much all you have written. Had, as a child growing up ( I am now 34) disobeyed either my mother or father, who lived seperatley by the way I would have been punished severely. If my Dad had said "no computer" for whatever length of time, you can bet your ass that I would not have been on the computer. Although we had no such thing as the internet in my day. Had I disoboyed and my father informed my mother that I was punished from going to a class dance/function then my mother would have followed my father's wishes. And you can bet your ass that I would not have made to said event. Had I went to the event anyway, im sure that one or both parents would have showed up there and embarresed the living day lights out of me. That alone would have prevented me from attending another such event without one or both of their permission. And although I agree you have a right to post your opinions on message boards, what disturbes me to no end is the psycho rants of some people on these things, such as the ridulous rants and disturbing verbal thinkings of Jeff. The girl will obviously feel she can get away with whatever she wants now, with her mother backing her up of course. I think its wonderful that such stories get people talking and create an open forum but for Jeff to call this young woman a c*nt and saying he prays she gets hit by a buss just makes my blood boiling. If someone had said such things about my child/childroom, youd be reading about him on one of these news stories. I guess its easier to hide behind a computer and say such venum. I would dare him to say such crap to a parents face. What a whimp!!
4-08-2009 @ 11:18PM
T.J. said...THIS IS WHATS HAPPENING ALL OVER THE WORLD, NOT JUST CANADA, HERE IN AMERICA AS WELL. THE STATE OWNS YOUR CHILD ONCE YOU'VE SIGNED THE BIRTH CERTIFICATE YOU NO LONGER HAVE THE RIGHT TO RAISE YOUR CHILD AS YOU SEE FIT AND IF YOUR A SINGLE FATHER, GOD HELP YOU, YOU HAVE EVEN LESS RIGHTS TO YOUR CHILDS DISIPLINE IF THAT CHILD HAS BEEN INFORMED BY MOST LIKELY TEACHERS AT HER SCHOOL OR HIS/HER MOTHER/EX-WIFE AS TO HOW TO THWART GROUNDINGS FOR BAD BEHAVIOR. AS THE STATE SEES IT, YOU THE FATHER/MOTHER, ARE A HINDRENCE TO YOUR CHILDS DEVELOPMENT BUT WHATS IRONIC IS THAT THE STATE BASICALLY RAISE YOURSELF WITH EVERY BAD BEHAVIOR YOU PICK UP FROM SCHOOLMATES, T.V., INDOCTRINATION FROM SCHOOL TEACHERS ETC. WHICH BASICALLY TURNS THE CHILD INTO A DISGRUNTLED MISFIT AND A LEACH ON SOCIETY AS WELL AS A DANGER TO OTHERS ESPECIALLY THE ELDERLY THEY END UP IN AND OUT OF JAIL OR DEAD FROM DRUG OVERDOSES OR MURDERED OVER DRUGS. THIS IS HOW THE HANDS OFF RAISING OF YOUR CHILD IS DONE BY THE STATE! AND SOME OF YOU ACTUALLY BELIEVE THE GIRL WAS RIGHT TO SUE. HOW VERY SAD! FOR YOU AND YOUR CHILDREN.
Reply
4-08-2009 @ 11:22PM
Sam said...really, REALLY NOW???
that poor man, he now has no authority over his child. and what kind of lawyer would take such a case, and what the hell is up with the judge even considering listening to such a thing, let alone ruling in her favor???
this is disgusting.... there are kids who's parents beat them and verbally abuse them, and they do no such things..... this girl is a brat, and if her mother supported this, then she's freakin crazy too
Reply
4-08-2009 @ 11:22PM
mcccmar45 said...this kid needs to go to foster care - no parent needs to be subjected to that abuse
Reply
4-08-2009 @ 11:23PM
LONEWOLF said...The courts today have fixed it so that parents no longer can have rights to give their kids a good spanking or smack when needed. Years ago, I told my 11 year old step
daughter to turn off the TV and go to bed after already giving her an extra half hour to finish a program,on a school night. She told me No, when I turned off the TV, she told me to go F...
myself. I turned and smacked her. She then threatened to call the cops for which I told her to pack her bags and get ready to go to "Juvie"[juvenile detention] as no cop would arrest me for this, and she would not be allowed to live with this "Horrible
Step Daddy". Shortly afterwards I had to go to court with her [she was arrested for shoplifting]. While waiting for our turn, I watched a Mother get sentenced to a mandatory 90 days in jail for "Spanking her daughters butt" when her daughter pulled some nasty deed. The daughter pressed charges, Mom was sentenced, and as she given a chance to comment she told the Judge to take her and see If he could do better. She then let it be known that when she got out of Jail She did not want responsibility for her daughter anymore."The STATE can have her". "I cannot control her and raise her..you can". Here is your reason why kids are the way they are today...Its not always the parents fault...its the system's fault.
Reply
4-09-2009 @ 12:28AM
Alecia said...lonewolf,
Props for the smack she need it, am now twenty- five years old and i wouldnt have ever even of thought to say that to my parents, even if they were only 15 &16 years older then me...