RYAN PEDLER
27th March 2007, 6:30 WST
A father has lost a legal battle with his former wife for the right to
discipline their 10 year old son physically in a case that raises doubts
about the legal rights of parents to smack their children.
The father argued at a trial in the WA Family Court that he was entitled to
discipline his son any way he considered appropriate and that for the court
to prevent him from doing so was unwarranted interference with his parental
rights.
But in a judgment delivered before his retirement last month, WA Family
Court chief judge Michael Holden told the father: That is a view I do not
share.
Justice Holden ordered the father not to inflict any physical discipline
on his son and told the father it was glaringly obvious he could repair
his strained relationship with his son by refraining from physically
disciplining him.
The father and his son cannot be identified for legal reasons but Justice
Holden¹s judgment, which is published on the WA Family Court website,
reveals details of the case.
The father divorced from the boy¹s mother several years ago and the mother
became aware last year that the father had been hitting their son with a
leather belt when the boy misbehaved during regular weekend stays at the
father¹s home.
The mother obtained an interim injunction in the WA Family Court restraining
the father from physically disciplining the boy.
The outraged father wrote to the mother vowing he would continue to belt the
boy.
If (the boy) does stay over at my home, you and he are fully aware if he
misbehaves the range of punishments will include getting the belt, the
father said.
The father later wrote to the mother stating: If you were any sort of
mother you would support me teaching (the boy) to behave properly.
The mother and father then fought the matter out at trial, where it was
revealed the father¹s punishments for his son had included putting a piece
of soap in his mouth for 10 minutes and pushing him around while holding him
strongly by the shoulders.
A family and child counsellor interviewed the boy and told the court the
father's corporal punishments had led to the boy being fearful of his father
and wanting to spend less time with him.
In his judgment, Justice Holden said: I doubt there would be a judge in
Australia who would condone the use of a belt or any other similar object to
discipline a young child.
When asked yesterday, University of WA criminal law lecturer Graham Pidco
said parents charged with assaulting their children had a defence if the
force they used was reasonable and for corrective purposes.
Attorneyeneral Jim McGinty said the law did not prevent a parent from
giving a child a smack on the wrist but the use of a belt or other weapon or
punishment that left bruises or marks on a child was clearly going too far.
Shadow child protection minister Robyn McSweeney said she supported parents
having the right to give misbehaving children a short, sharp slap but
belting a child and leaving a physical mark was abuse.
RYAN PEDLER
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