“Dad, I’ll call my lawyer.”
Sometimes court cases so defy logic and common sense that they that shake our confidence in the legal system. A little more than a year ago, one of these cases was decided just across the river from Ottawa in Gatineau. A 12-year-old girl won a legal case against her father who had forbidden her from going on a school trip.
Last week, the father lost his appeal in the Quebec Court of Appeal.
The basic facts are simple. The girl is in Grade 6. Her school had a big end of year trip for those graduating from elementary school—Quebec City for the 400th anniversary celebrations. Dad had approved and paid for the trip. But when he found his daughter using the Internet in ways he had forbidden—posting pictures of herself and visiting off-limits chat rooms—Dad grounded her and sent the school a letter saying that his daughter could not go on the trip and asking for his money back.
But the story isn't quite so simple. The girl's parents are divorced. Both parents had new partners. There were, shall we say, "issues" between the parents. And, as is not so unusual, the daughter had been acting out.
She did not get along with Dad's new girlfriend; arguments followed; doors were slammed. She was referred for counselling.
When Dad grounded her, his daughter went to visit her mother. Mom thought Dad was overreacting. She offered to pay for the school trip and gave her consent. Trouble is, Mom did not have custody; Dad did.
The girl herself, at 12 years of age, contacted the lawyer who had represented her during her parents' divorce. That speaks volumes. How many 12-year-olds even know what a lawyer does, let along have one that they can call to represent them in a legal action against their own father?
The lawyer, as lawyers do, filed a lawsuit in court and got an order that permitted the daughter to go on her trip.
Dad appealed the order on a basic principle: if he could not exercise basic discipline over his daughter without the court interfering, how could he—or any parent—effectively raise a child?
His whole argument at the Court of Appeal was, "You have no business dealing with this issue."
But apparently, once parents invite the courts into their family life by way of separation or divorce, the court will step in whenever it feels that it can make a better decision than the parent.
The Quebec Court of Appeal made it clear that this was an unusual case. It said that children should not think that this opens the door for them to bring legal cases against their parents.
But come on, really? Of course it opens that door. While not many 12-year-olds have access to a lawyer, lawyers may well open their doors to aggrieved children.
Family courts are already clogged with disputes between parents. How does it help anyone to open the floodgates to children?
The Quebec court also said that Quebec law is different than in the rest of Canada. Let's hope so.
Anywhere but Quebec, the parent who has custody of the children has the authority to make decisions for the child. This includes decisions about education, medical issues and extra-curricular activities. The parent without custody, who has access on weekends and holidays, does not have authority to make those decisions for the child.
The Quebec Court of Appeal said that even if a child lives with one parent, both parents should be involved in major decisions.
But the whole problem in this case was that the parents could not agree on anything. And that is a reality for many separated and divorced parents.
The parent who is raising the child must have the authority over that child. And the courts should avoid second-guessing that parent.
Court interference has not done this child, or this family, any good. The girl now lives with her mother and no longer has any relationship with her father. That is bad news for any adolescent girl.
Dear Readers:
ChristianWeek relies on your generous support. please take a minute and donate to help give voice to stories that inform, encourage and inspire.
Donations of $20 or more will receive a charitable receipt.Thank you, from Christianweek.
