girl sues after being grounded

[Bob S.]

No, I am not kidding. This actually happened in Quebec, Canada last year. A 12-year-old girl, whose parents are divorced, was living with her father when she got into trouble for using the internet when she was expressly forbidden to do so. As a result of her disobedience, her father told her she had to miss the end-of-year trip to Quebec City even though her mother had given her permission. The school, however, needed his permission since she was living with him at the time and he refused.

She went to her court-appointed guardian who represented her during the divorce only months earlier and sued her father to be able to go on the trip. The courts agreed with the girl and she was allowed to go. The father appealed on principal (since his daughter had already gone on the field trip) and the appellate court upheld the lower court's decision.

This is a scary precedent for parental rights in Canada. That a court can overturn a parent's method of discipline is chilling.

I will post the story and URL in next post.

Bob S.

[Bob S.]

cbc.ca (http://www.cbc.ca/canada/montreal/story/2009/04/07/mtl-quebecgirl-sues-dad-0407.html)

Quebec Dad sued by daughter after grounding loses appeal
Father's lawyer says they may take case to Canada's Supreme Court
Last Updated Tuesday, April 7, 2009 | 4:30 PM ET

A Quebec father who was taken to court by his 12-year-old daughter after he grounded her in June 2008 has lost his appeal.
Quebec Superior Court rejected the Gatineau father's appeal of a lower court ruling that said his punishment was too severe for the wrongs he said his daughter committed.
The father is "flabbergasted," his lawyer Kim Beaudoin told CBC News.
In its ruling, issued Monday, the province's court of appeal declared the girl was caught up in a "very rare" set of circumstances, and her father didn't have sufficient grounds to contest the court's earlier decision.
The family's legal wrangling started with a dispute over the girl's internet use.
She had been living with her father after her parents split up when he grounded her in 2008 for defying his order to stay off the internet. The father caught her chatting on websites he had blocked, and alleged his daughter was posting "inappropriate pictures" of herself online.
Her punishment: she was banned from her Grade 6 graduation trip to Quebec City in June 2008, for which her mother had already granted permission.
The father — who had custody — withheld his written permission for the trip, prompting the school to refuse to let the girl go with her classmates.
That's when the girl asked for help from the lawyer who represented her in her parents' separation, and petitioned the court to intervene in her case.
"Going to court was a last resort," said Lucie Fortin, a legal aid attorney who represented the girl. "The question was that there was a problem between the father and the mother, and the child asked the court to intervene because it was important to her.
"The trip was very important to her."

Legal battle destroyed father-daughter relationship

A lower court ruled in the girl's favour in 2008. She went on the trip, but her father appealed the decision on the principle of the matter.
He doesn't have regrets, his lawyer said.
"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."
The girl — who now lives with her mother — doesn't have much of a relationship with her dad now, Beaudoin said.
"We went from a child who wanted to live with her father, and after all this has been done, they're not speaking anymore."
"We have a lot of work to re-establish a link between those two."
Beaudoin believes the ruling reflects a loss of moral authority in Quebec's court system.
"Is this what we want in our society? Laws are supposed to reflect our values. And if the courts aren't reflecting that, maybe the government will, to prevent children from going this way," she said Tuesday, adding her client may take the case to Canada's Supreme Court.
In its Monday ruling, the appeal court warned the case should not be seen as an open invitation for children to take legal action every time they're grounded.

[Oldman]

cbc.ca (http://www.cbc.ca/canada/montreal/story/2009/04/07/mtl-quebecgirl-sues-dad-0407.html)

Quebec Dad sued by daughter after grounding loses appeal
Father's lawyer says they may take case to Canada's Supreme Court
Last Updated Tuesday, April 7, 2009 | 4:30 PM ET



Nothing unusual to those who follow the shenanigans of the Canadian legal system.

The father's rights groups can cite case after case where judges have stepped in and interfered with parental discipline.
Makes it hard to parent when you may be second-guessed by the family court judge.
What can you do? Just carry on and hope that little mophead skipped school the day that they taught children's rights and how to get a lawyer.

[mildew]

It's the Province of Quebec. Those people are proud to be different. I moved a long time ago and it was the happiest day of my life.

[Yuppers]

Precedent has been set and the child will forever be an insolent prat with the support of a Judge.

[Paniga]

It's the Province of Quebec. Those people are proud to be different. I moved a long time ago and it was the happiest day of my life.

yes they are different for sure. They want to leave Canada but keep Canadas passport money health care. So they want to be a procince :)

[Arnabas]

I am presently stuck in Quebec. While there are a number of good things here, overall, I would like to move to another province. It's just unfortunate that my family is here, otherwise I say let Quebec seperate... and fall into the ocean.

[Edmontonnudist]

The Legal System in Quebec is *** Backwards to the rest of Canada. They use Napolianic Law,where the rest of Canada use British Common Law.

Does any body remember the time that a Consumer Group in Quebec went after Toyota for major rust problems?

Toyota actually filed a Lawsuit against the Consumer Group and each of the Members that owned Rusty Toyota's!

Toyota dropped the case,as it would have created a Major PR problem.

[Ken Palmer]

This is pretty sad! I can imagine how the father must feel about this. How can you disclipline your own child when there is a possibility that the courts will step in and overule you or override your decision? In that case, I would have told the court "OK, you can take her and raise her since you will not allow me to properly apply appropriate discipline to my child." Of course, we are not talking about abuse of any kind. If the girl has any kind of a conscience, I hope she feels guilty after watching the court push her dad aside and allowing her to go on that trip. To be honest, I wouldn't be surprised if there may be even some bitterness from the father towards the girl. That had to be somewhat of an embarrassing moment for him. If I appear to be on a soapbox tirade, I apologize. Even though I am not a parent myself, I do believe in traditional parenting and discipline between a parent and a child if the need or situation arises. It is just how I feel on this subject.

Ken Palmer







No, I am not kidding. This actually happened in Quebec, Canada last year. A 12-year-old girl, whose parents are divorced, was living with her father when she got into trouble for using the internet when she was expressly forbidden to do so. As a result of her disobedience, her father told her she had to miss the end-of-year trip to Quebec City even though her mother had given her permission. The school, however, needed his permission since she was living with him at the time and he refused.

She went to her court-appointed guardian who represented her during the divorce only months earlier and sued her father to be able to go on the trip. The courts agreed with the girl and she was allowed to go. The father appealed on principal (since his daughter had already gone on the field trip) and the appellate court upheld the lower court's decision.

This is a scary precedent for parental rights in Canada. That a court can overturn a parent's method of discipline is chilling.

I will post the story and URL in next post.

Bob S.

[Fitz1980]

The girl had chosen to live with her father when her parents divorced and than when she didn't like Daddy's rules she sues him and suddenly wants to move in with Mom. I've known of other cases of children of divorced parents playing one off of the other like that. They choose to move in with the other parent when they don't like the first ones rules figuring that the other one will let them run wild because the other parent will just be so happy to have them around and not want to drive them back to the first one.

[Boreas]

I agree with you Ken. I can't imagine how that father feels. There is also increased conflict/tension between the parents, which won't help anything.

The Canadian court system is quite strained in places. It is really hard to believe that such a case would even get court time. There are so many better ways to resolve that one.

[Bob S.]

Just thinking about it again, the father was upset that his daughter was posting "inappropriate pictures" of herself on the internet. Well, apparently, that could have lead her to be charged with producing and distributing child pornography in some areas in the US. :rolleyes:

Ken: "I can imagine how the father must feel about this. How can you disclipline your own child when there is a possibility that the courts will step in and overule you or override your decision?"

Yes, he is probably feeling as though the world is turned upside down. And worse, his relationship with his daughter is ruined. It would have been just a bad episode had she just moved with her mother. The lawsuit was what made this hard episode even worse. Even if the suit was unsuccessful, the continuing of the issue would have been enough to keep the wound open. The girl's lawyer and the judge who took the case have a lot to answer for in ruining the relationship between father and daughter--and possibly the degradation of parental rights.

Bob S.

[walter05]

I hope my 4 teenage girls don't see this.

I would have to declare bankruptcy.

[Pumpkinpie]

This is so sad I would give anything to have my dad back with me thank god I had an Awesome relationship with my dad the way I see how some kids talk and treat their parents now I get tears in my eyes knowing how luck they are and not appreciating them and following rules,thank god I don't have that problem with my boys I am blessed.