A Canadian court has stated that a father of a 12-year-old girl cannot ground her for disobeying him, his lawyer said last Wednesday.
The girl had taken her father to Quebec Superior Court after he refused to allow her to go on a school trip for chatting on websites he tried to block, and then posting "inappropriate" pictures of herself online using a friend's computer.
The father's lawyer Kim Beaudoin said the disciplinary measures were for the girl's "own protection" and is appealing the ruling.
"She's a child," Beaudoin told AFP. "At her age, children test their limits and it's up to their parents to set boundaries."
"I started an appeal of the decision today to reestablish parental authority, and to ensure that this case doesn't set a precedent," she said. Otherwise, said Beaudoin, "parents are going to be walking on egg shells from now on."
"I think most children respect their parents and would never go so far as to take them to court, but it's clear that some would and we have to ask ourselves how far this will go."
According to court documents, the girl's Internet transgression was just the latest in a string of broken house rules. Even so, Justice Suzanne Tessier found her punishment too severe.
Beaudoin noted the girl used a court-appointed lawyer in her parents' 10-year custody dispute to launch her landmark case against dear old dad.
Initially, the father forbade his daughter from going online after the Grade 6 student posted photos on a dating site, according to a Canadian newspaper.
The girl's parents are divorced, and after she had an alleged row with her stepmother, her father barred her from going on a school trip to mark the class's graduation from elementary school, the newspaper reported.
"When he said, 'OK, it's final. You're not going,' she smacked the door, left and went to live with her mother," the father's lawyer, Kim Beaudoin, told CBC News.
Last Wednesday, the father received a motion petitioning the court to overturn the punishment. Two days later, the judge ruled the punishment was too severe because the girl had already been sufficiently disciplined, Beaudoin said.
Beaudoin said the judge also said there was no reason for the punishment to stand, since the girl was now living with her mother, even though the father has custody. She said the father, who has four children, was "devastated," especially since the ruling came days before Father's Day.
According to Miriam Grassby, a Quebec family lawyer who has spoken with the various attorneys involved, it is not uncommon for a child in a high-conflict situation between two parents to have an attorney appointed to protect his or her best interests under Quebec family law.
"In Quebec, no matter who has custody, we have joint parental authority," Grassby told CBC News on Thursday. "There are issues of discipline where both parents have to agree, and if they don't, we will have a place" to resolve the issue in court.
The attorney representing the child had been chosen and agreed to by both parents, she noted. "The court is there to be an objective third party, and these children who are in these high-conflict situations need the protection of the court," Grassby said.
"I think we could presume the judge had good judgment in the fact that she read the statements and found out what both parents were saying, and that the child was punished at least once for that, and this was excessive punishment."
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