Father Grounds Daughter......

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glendalais
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Father Grounds Daughter......

Post by glendalais » Wed Apr 08, 2009 6:00 am

Daughter Sues Father in court.....and Wins?!

:confused:

CBC News: Quebec dad sued by daughter after grounding loses his appeal

It seems to me like the girl's mother is using her to get back at her ex. I mean, Quebec City is a lovely place, indeed, but I can't imagine that a trip there is so important to a child that she has to drag her father into court and absolutely destroy the intra-family relationship :rolleyes: .

You know, my parents forgot to give me my CA$5.00 allowance for helping to wash the dishes back at Thanksgiving when I was 6 years old. Does this mean I can now sue for payment with 5% interest compounded monthly over the last 14 years? :rolleyes:

(For those of you keeping count, that would be CA$10.05 today, or US$8.12 at current exchange rates.)



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Re: Father Grounds Daughter......

Post by turkeyham » Wed Apr 08, 2009 9:21 am

After reading that story, that daughter should have not have gone on the trip. Toget caught doing something bad on the internet will get most teens kicked off. Now having the daughter move in with mom and ignoring what dad told her, I believe dad should had not been sued and the daughter was wrong.

My friend's daughter, she has a friend who is in the foster program. The foster parents caught on of the foster kids on the internet at a porn site. That foster kid was warned that she was never to use the site. The foster child ignored the parents and did it again. That kid was sent to another home and was never returned to the home again.

:eek:



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Re: Father Grounds Daughter......

Post by Lasolimu » Wed Apr 08, 2009 9:41 am

Yeah, I found this story on another site and I thought the same thing. All the girl winning does is set a legal precedent that any child that is denied something can sue and win. I know this is a slippery slope argument, but this is very real. Precedent is a major factor when determining future cases. I know in the article that they say they don't want this to happen, but it is too late. Even if the father could win the appeal the damage is already done, the girl was allowed to go on the trip. All that can be done now is reverse the results and remove the precedent that it is okay for a child to sue their parents if they don't like their rules.


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Re: Father Grounds Daughter......

Post by GRUMPY PIRATE » Wed Apr 08, 2009 10:33 am

Why the big suprise. This is just taking the sense of entitlement to the next level.

Don't like what your parents tell you? Sue!

Don't like a Curfew? Sue!

Don't like the grade you get in school due to poor work? Sue!

Don't like how your next door neighbors wash their car? Sue!

Don't like the way someone posts on the interweb? Sue!

Its not hard to see why tort reform is starting to get some backing!

Of course, the lawyers will tell you that you can't!

Because they will sue for loss of income!


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Re: Father Grounds Daughter......

Post by hobie16 » Wed Apr 08, 2009 12:14 pm

Ya gotta love those wacky Quebeckers.

My oldest daughter came home from school and announced all the kids had been given an 800 number to call if they were ever abused by a parent. I told her, "You'll never make it to the phone."

That ended that little gambit.


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Re: Father Grounds Daughter......

Post by DisneyMom » Wed Apr 08, 2009 12:29 pm

Haha, my little darling came up with "I'll call the police!" when I threatened to spank him for doing something wrong....he was about 8....
"Go ahead, I told him,"The police will laugh and tell YOU to behave, or they will take you away so you can be a problem for someone else!"
Obviously, he is still living here........ :rolleyes:


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Re: Father Grounds Daughter......

Post by ktulu » Wed Apr 08, 2009 2:10 pm

Any bets on how long before a U.S. Judge allows one of these lawsuits citing this one as legal precedence :rolleyes:


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Lasolimu
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Re: Father Grounds Daughter......

Post by Lasolimu » Wed Apr 08, 2009 2:21 pm

ktulu wrote:Any bets on how long before a U.S. Judge allows one of these lawsuits citing this one as legal precedence :rolleyes:
Not long, even though they are saying that they don't want it used as legal precedence it is loo late, they made the ruling and now it can be used.


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glendalais
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Re: Father Grounds Daughter......

Post by glendalais » Wed Apr 08, 2009 2:57 pm

Not necessarily, Quebec (like Louisiana here in the US) operates under Civil Law rather than the English Common Law used in the rest of Canada.

The differences are a bit nuanced, but the big one is that judges have to base their decisions on the written law (yes, there is actually a law in Quebec that allows children to sue their parents), as well as the Civil Code (a big long list of judicial principles). Unlike in the US and English Canada, they can't cite judical precedent and decisions taken in other cases in their decisions.

Likewise, since they're from two different legal systems, I find it unlikely that a judge would be able to cite this in a Common Law case.

However, my knowledge of jurispudence is a bit rusty. Let's ask our resident lawyer, eh?

*puts up "BRWombat: Legal Assistance Requested" sign*



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Re: Father Grounds Daughter......

Post by CujoSR » Wed Apr 08, 2009 5:15 pm

Hmm... I want THAT lawyer anytime I have legal troubles. If he can pull that off he can do anything. Alan Shore be damned!



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