Family Law

Judge goes too far in child custody matter

By Robert M. Kisselburgh, Esq.

Judge overrules father's discipline of 12-year-old

From across the border comes a story out of Quebec (Canada for those rusty in their geography) where a judge overruled a father who sought to prevent his daughter from going on a school trip. According to the article, a divorced father had custody of his 12-year-old daughter. Dad cut off daughter's internet access after she chatted on a website he blocked. She then used a friend's computer to post "inappropriate pictures of herself" to this website. After Dad found out, he told the daughter she couldn't go on a three-day school trip. Not at all happy with the punishment, daughter moves in with Mom. What does Mom do? She says daughter can go on the trip. One problem--the school required the consent of both parents or a court order. Dad refused to give his consent, so Mom and daughter took their case to court.

In an unbelievable ruling, the Judge sided with the mother and daughter, overruling the father's discipline. The father is appealing the ruling and says he refuses to take his daughter back "because he has no authority over her." This is definitely a case of a judge overstepping the boundaries between parenting and judicial oversight of child custody matters. Hopefully, the appellate court will reverse the decision.

Full post as published by Mississippi Family Law Blog on June 20, 2008 (boomark / email).