12 year old girl takes father to court to challenge punishment, and wins.

[another day]

Father appealing decision overruling punishment

People, this is pure, and utter INSANITY! I was shocked beyond belief when I read this in the paper this morning, so I found it on the net to show you all. This 12 year old girl took her father to court because he told her she couldn't go a school trip due to her misbehavior.

She actually won! The judge forced the father to let the daughter attend the trip!

I have no words.. this is just madness. He's appealing, and hopefully he wins, otherwise I might just go insane with frustration.

[LadiesMan217]

Wow that is truly detestable. And I thought the courts in America were crazy. Thanks for posting this another day, that is probably the most ridiculous thing I have ever read.

[another day]

Yeah... the one thing I'm wondering is how did this girl have the resources and ability to launch a court case against her father? There must have been some adult involved, pushing her to do this. Maybe she's dating a 30 year old lawyer.

[Hodge Podge]

Well needless to say, this judge will be getting a lot of shit because of this ruling. It wouldn't be suprised it if it gets overturned.
Still though, that little girl must be a serious bitch. Putting her family through this unwanted publicity, not to mention the expenses of going through the judicial system. I'm really interested as to how she got that to court in the first place? What self respecting lawyer would take the case?
Although it is sad that the law apparently doesn't grant parents the right to discipline their children, this is actually pretty funny.

Imagine resentments that will come from this incident. Haha, can't lead to a healthy home environment.

[LadiesMan217]

Quote by: another day Yeah... the one thing I'm wondering is how did this girl have the resources and ability to launch a court case against her father? There must have been some adult involved, pushing her to do this. Maybe she's dating a 30 year old lawyer.

The lawyer that took this case should be disbarred or hit in the face with a sock full of quarters. The transcripts from this case would be very interesting to read, I would love to know the arguments the lawyer presented that convince the judge that the government needs to step in and tell this man how to raise his daughter, who is obviously a brat from what I read in the article and not to mention the fact that she sued her father, children like that make me sick.

[another day]

I don't think it's so much the girls fault. Children are immature and stupid. It's the fault of the adults around her who let this happen. it's the fault of our society that promotes litigious solutions for all sorts of meaningless little squabbles. It's the fault of the courts for turning themselves into a mockery, and the fault of politicians for turning the bill of rights and other human rights legislation into a mockery by reducing it to standards whereby anything and everything can be judged a human rights violation, meanwhile the largest human rights violations slip by unnoticed, like an elephant so big you can't see it.

Canada seems to be increasingly bad in this respect. There is some right wing American blowhard who is about to be taken to court and have his book banned in canada. It's some anti-muslim piece. Idiotic canadians think it should be banned because it's "offensive to muslims"... they have no concept of freedom. They choose the rights of people not to be offended, over the right of someone to speak their mind. Didn't they ever hear voltaire say "i disagree with what you say, but will defend to the death your right to say it"? They have these crazy notions that such free speech should be banned because it promotes hatred and leads to hate crimes... ridiculous. This argument could be used for banning all kinds of media and speech. Violent cartoons banned because they promote violence, porn films banned because they promote sexism. Pretty soon you do not have a free society in any respect.

[LadiesMan217]

Quote by: another day I don't think it's so much the girls fault. Children are immature and stupid. It's the fault of the adults around her who let this happen. it's the fault of our society that promotes litigious solutions for all sorts of meaningless little squabbles. It's the fault of the courts for turning themselves into a mockery, and the fault of politicians for turning the bill of rights and other human rights legislation into a mockery by reducing it to standards whereby anything and everything can be judged a human rights violation, meanwhile the largest human rights violations slip by unnoticed, like an elephant so big you can't see it.

Well, you are right there but I still think the child is a selfish, spoiled twat. What is she gonna do when she gets a punishment she doesn't like now, threaten to sue her father again? Please keep us posted on how that appeal goes.

[Reflechir]

Only in America..........pffft

[Kamehameha34]

Apparently there's a Quebec in America, now?

[LadiesMan217]

Quote by: Kamehameha34 Apparently there's a Quebec in America, now?

I know, for once I am glad to see that America is not the only place with completely ridiculous, meritless, frivolous lawsuits.

[tivodan1116]

Huh. Since a 12-year-old lacks standing to sue in the United states without some sort of help, i wonder how they did this...

[SoylentGreen]

Well I'm definitely not going to let my kids see this. I told one of them this morning that if she didn't get ready in time for me to drive her to school, she was going to have to walk.

Don't want to get my car confiscated::

[Thanatos]

Quote by: tivodan1116 Huh. Since a 12-year-old lacks standing to sue in the United states without some sort of help, i wonder how they did this...

Its funny to see all the people who automatically coordinate litigious frivolity with the U.S.A. Quebec, sir, Quebec! This time its not our fault.

At first I thought I'd found the Canadian analog of The Onion, but that does not appear to be the case. I'm not sure what to make of this obstinately real malfunction of normal reality, other than an overwhelming sense of doom and the desire to stockpile candy for out of court settlements.

[ThoughtCriminal]

I don't know much about the merits of this particular case, but I find it strange that you seem to be assuming that the guardian has absolute authority over their ward. Why should that be the case? Last I checked, the whole idea is that the parent's job is to serve the child's interests, so when they fail to do this, the rest of society can step in to protect the child.

Remember, any call for parents' rights is a call against human rights.

TC

[tivodan1116]

Quote by: Thanatos Its funny to see all the people who automatically coordinate litigious frivolity with the U.S.A. Quebec, sir, Quebec! This time its not our fault. At first I thought I'd found the Canadian analog of The Onion, but that does not appear to be the case. I'm not sure what to make of this obstinately real malfunction of normal reality, other than an overwhelming sense of doom and the desire to stockpile candy for out of court settlements.

Sorry, my prose was clumsy. I just meant that I don't know the law of Canada, only the US.

[SoylentGreen]

Its funny to see all the people who automatically coordinate litigious frivolity with the U.S.A. Quebec, sir, Quebec! This time its not our fault.

I am sure there is probably a way to blame the americans for this

But some further information on this might shed some light.

Court quashes dad's grounding of 12-year-old daughter

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. Under Quebec family law, 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, as was the case here, Grassby said. "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."

That explains how the kid got a lawyer and why it went to court.

[tivodan1116]

Quote by: SoylentGreen That explains how the kid got a lawyer and why it went to court.

Ah.

That's perfectly understandable then. Basically the parents are fighting over who is allowed to have custody of the child and therefore discipline her.
The child's lawyer (guardian ad litem is the title in the U.S.) submitted a motion because she believed it was in the best interests of the child to allow the mom's decision (to let her go on the trip) to stand.

Once again, the sensational news media leaves the key details out of what is a very ordinary case.

[ironeagle]

This is for Thoughtcriminal: The best interest of the child should not be confused with a child's desire to do as they please without parental permission. The best interest of the child standard is actually no standard what-so-ever. I would challenge you to come to my home and dare to tell me that if I disallow my child to go to the mall you are going to step in a "help" my child. How absolutley socialistic and absurd. Children do not have the right to superseied the authority of their parents, ever. The attitude you portray in your opinion, is the reason why this child was even able to be taken seriously in a court room for such a frivelous and discraceful suit.

[SoylentGreen]

Quote by: ironeagle The best interest of the child should not be confused with a childs desire to do as they please without parent permission. The best interest of the child standard is actually no standard whatsoever. I would challenge you to come to my home and dare to tell me that of I disallow my child to go to the mall you are going to step in a "help" my child. How absolutley socialistic and disgusting. Children do not have the right to superseied the authority of their parents, ever.

Apparantly the child didn't make the decision her lawyer did, so your point is moot.
All to often the care of the child is not even considered by parents who are divorced. The child becomes a weapon to wield against the former partner.
I think it is a good idea to have the child's interests defended by a third party. Especially if that interest is being abused.

[ironeagle]

You are misrepresenting the difference between abuse, and parental decision making authority.