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Should the courts step in and allow 12 yr old girls to place inappropiate
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<blockquote data-quote="PorpoiseSpit" data-source="post: 1579783" data-attributes="member: 613788"><p>It sounds like a one-off</p><p></p><p>"...maybe everyone should take a Valium. There are few signs that Canadian courts are likely to follow Judge Tessier's lead.</p><p></p><p>"Family court judges are sort of loath and reluctant to enter into the sphere of parental discipline," said Peter Dunning, executive director of the Child Welfare League of Canada.</p><p></p><p>Joan Durrant, a child clinical psychologist and professor of family social sciences at the University of Manitoba, said the courts usually take a hands-off approach to parental discipline, even when it involves physical maltreatment.</p><p></p><p>"Some pretty severe cases have been acquitted because it was determined that it was the parents' right to decide."</p><p></p><p>In the few cases in which children have taken their parents to court, there's often a history of family conflict, she said. "It's usually not an isolated incident in the family interaction."</p><p></p><p>Cheryl Milne, a lawyer at the Canadian Foundation for Children, Youth and the Law, said the scenario in the Gatineau case may be unique to Quebec because of its civil code. "I can't imagine a similar case being brought in Ontario."</p><p></p><p>Even in Quebec, the decision is virtually without precedent. Kim Beaudoin, who represented the girl's father -- he can't be named to protect the girl's identity -- said she's been unable to find any similar rulings."</p><p></p><p>*The Australian article got it wrong, the judged ruled that the father disallowing her from going on a school trip was "excessive punishment". This has nothing to do with her posting pictures of herself on an internet dating site (which is forbidden because she is underage anyway):</p><p></p><p>"The man had told his 12-year-old daughter that she could not go on a three-day trip with her classmates after she got into an argument with her stepmother. The father had also banned the girl from using the Internet after he found out she posted pictures of herself on a dating website. </p><p></p><p>The father has custody of the girl, but she went to live with her mother after the family fight. </p><p></p><p>The girl took her case to Quebec Superior Court, where Justice Suzanne Tessier ruled that the man had no right to ban his daughter from the trip. </p><p></p><p>After the court ruling, the girl did go on the trip, a short class jaunt through Quebec to celebrate graduation from the sixth grade. </p><p></p><p>The judge said that the father's punishment could not stand because the girl is now living with her mother. Tessier also said that banning the girl from the trip was excessive punishment."</p></blockquote><p></p>
[QUOTE="PorpoiseSpit, post: 1579783, member: 613788"] It sounds like a one-off "...maybe everyone should take a Valium. There are few signs that Canadian courts are likely to follow Judge Tessier's lead. "Family court judges are sort of loath and reluctant to enter into the sphere of parental discipline," said Peter Dunning, executive director of the Child Welfare League of Canada. Joan Durrant, a child clinical psychologist and professor of family social sciences at the University of Manitoba, said the courts usually take a hands-off approach to parental discipline, even when it involves physical maltreatment. "Some pretty severe cases have been acquitted because it was determined that it was the parents' right to decide." In the few cases in which children have taken their parents to court, there's often a history of family conflict, she said. "It's usually not an isolated incident in the family interaction." Cheryl Milne, a lawyer at the Canadian Foundation for Children, Youth and the Law, said the scenario in the Gatineau case may be unique to Quebec because of its civil code. "I can't imagine a similar case being brought in Ontario." Even in Quebec, the decision is virtually without precedent. Kim Beaudoin, who represented the girl's father -- he can't be named to protect the girl's identity -- said she's been unable to find any similar rulings." *The Australian article got it wrong, the judged ruled that the father disallowing her from going on a school trip was "excessive punishment". This has nothing to do with her posting pictures of herself on an internet dating site (which is forbidden because she is underage anyway): "The man had told his 12-year-old daughter that she could not go on a three-day trip with her classmates after she got into an argument with her stepmother. The father had also banned the girl from using the Internet after he found out she posted pictures of herself on a dating website. The father has custody of the girl, but she went to live with her mother after the family fight. The girl took her case to Quebec Superior Court, where Justice Suzanne Tessier ruled that the man had no right to ban his daughter from the trip. After the court ruling, the girl did go on the trip, a short class jaunt through Quebec to celebrate graduation from the sixth grade. The judge said that the father's punishment could not stand because the girl is now living with her mother. Tessier also said that banning the girl from the trip was excessive punishment." [/QUOTE]
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