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Another Chilling Precedent: A Court Undermines a Parent

Albert Mohler

Author, Speaker, President of the Southern Baptist Theological Seminary

 

A recent court decision in Canada should send chills down every parent's spine. The ruling is so out of bounds that the news story sounds like a parody -- but it isn't. A Canadian judge ruled that a 12-year-old girl was "excessively" punished when her father told her she could not go on a school camping trip because she had broken rules for use of the Internet.

As the Globe and Mail [Toronto] reports:

First, the father banned his 12-year-old daughter from going online after she posted photos of herself on a dating site. Then she allegedly had a row with her stepmother, so the father said his girl couldn't go on a school trip.

The girl took the matter to the court - and won what lawyers say was an unprecedented judgment.

Madam Justice Suzanne Tessier of the Quebec Superior Court ruled on Friday that the father couldn't discipline his daughter by barring her from the school trip.

This judge needs to be grounded and sent to her room. A 12-year-old girl violated rules and disobeyed her father. The rules, by the way, were intended to protect the girl from endangering herself on the Internet. In posting pictures of herself on the Internet -- on a dating site, for crying out loud -- she defied her father and his authority. After going to the court, she got away with it.

For years, we have been warned that the courts were poised to usurp parental authority. We have seen chilling judicial precedents and the encroaching reach of bureaucrats and government agents. Warnings were offered by prophets like Philip Reiff and Christopher Lasch, who saw the family being stripped of its functions and replaced by an army of eager agents. Parents are supplanted by professionals who are "experts" in raising other people's children.  

The Canadian case is among the most chilling yet. The father is appealing the decision, even though the girl has already gone on the camping trip. The family is involved in a difficult divorce situation, but the father was granted custody. Gladly, outrage over the judge's ruling is building in Canada.

Lorne Gunter of Canada's National Post described the ruling as "sputteringly enraging." The Canadian blogosphere has taken notice, as have parents.

Gunter drew particular attention to the fact that the girl's attorney explained that she took the case to court because it involved the school trip: "For me that was really important."

Gunter responded:

"For me that was really important." So what? Just who are you? Are you the kid's parent? Are you a relative of any sort? No? So why, then, does your opinion matter? And if it does matter, how is court action appropriate? At most, even if you are a close relative, you are limited to calling up the dad and expressing your view that his punishment is over-the-top.

Ms. Fortin insists that while court was a last resort, the situation called for it: "This was not a question of going to the movies or not, or going online or not -- because obviously, I wouldn't have intervened in that."

Just how is that obvious? It should have been obvious that you don't go to court over missing the camping trip, either, but that doesn't seem to have dawned on Ms. Fortin. She called the trip a rite of passage. What will be the rite next time, a missed sleepover, her first out-of-town volleyball tournament with the school team?

The logic of this ruling is not limited to Canada. In 1970, Hillary Rodham, then a young lawyer (and later Sen. Hillary Clinton), wrote a law review article, "Children Under the Law," in which she argued that minors should be treated as "child citizens" who should, under at least some conditions, be able to challenge their parents in court over parental decisions.

This father may win his appeal -- we must hope that he does -- but the damage is already done. This 12-year-old girl has defied her father and been rewarded by a secular court. The judge and the court have now become complicit in the girl's disobedience. This father has had his rights as father denied and his authority undermined. We can only imagine the costs of this judicial malpractice in the life of this girl and her family. Beyond this, the precedent is now set for further judicial mischief.

America's parents had better look north and take notice. This judicial atrocity hits very close to home.

Discuss this topic in our Crosswalk Parenting forums.


R. Albert Mohler, Jr. is president of The Southern Baptist Theological Seminary in Louisville, Kentucky. For more articles and resources by Dr. Mohler, and for information on The Albert Mohler Program, a daily national radio program broadcast on the Salem Radio Network, go to www.albertmohler.com. For information on The Southern Baptist Theological Seminary, go to www.sbts.edu. Send feedback to mail@albertmohler.com.

 

Most Recent User Comments
gmedifast
6/28/2008 9:35 AM
I guess in that situation that you realize that the only power you have as a parent is to tell the courts that you are now an unfit parent and they must at once take the child and put them in foster care. I would not have a child of mine living in my house, with me feeding them, clothing them and taking care of them. I actually have a canadian friend who tells the story that her brother was a terror; and when her brother called the child protective services the father insisted that they take her brother and they refused. You love your children but when the day comes you cannot function as a parent and they look at you and defy you, you realize that that child does not love you back and you must deal them some legal harsh love and let them enter the "system" for a while then when the state has 1000's of children who are going to defy them they will change their tune.
P50116
6/27/2008 2:18 PM
One cannot defend this court's action as being "under Provincial law;" the point of this article is not that the court acted outside the law, rather that the law grants such authority to the courts.

Reporting on this is not fear-mongering. Any sensible person, especially parents, should already be afraid that such laws exist, anywhere (legislative bodies are notoriously plagiaristic).

There are, I believe, only two steps beyond this: one is to declare that minor children are chattel property. The last step is to establish USSR-style state-run residential schools.

The bottom line is that this situation is already a slippery slope, and fearsome.
jsullivan520
6/27/2008 10:20 AM
I am absolutely appalled by this story! I am not a parent yet, but I cannot imagine a court telling me that my choice of punishment for my child's actions is inappropriate or unfair (excluding physical or emotional abuse). Christians, make sure you vote this coming election or these absurd cases will trickle down to our country.
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