structure and status of the family

Yes, children can sue their parents

Posted on by Behdad Hosseini

hildren can sue their parents

Society has changed in so many ways — and with it the structure and status of the family, as well as the role and prominence family law now has in our lives. It used to be the case that what happened in families stayed in families. That is no longer necessarily the case as laws have been established to protect the various rights of individuals within the family unit.

This history of the development of modern family law has centred around the rights of parents and spouses. The role children played was usually limited to protection from abuse, as well as determination of custody.

In culture

However, there is an area of law that only recently has started entering public consciousness. Kids have dreamed about it. Movies have jokingly depicted such scenarios. And news stories have even started surfacing on the topic. You guessed it: It’s children suing their parents.

Yes, it’s a reality, but it’s an area of family law that even knowledgeable lawyers have little experience with. Given just how much families have evolved in recent generations, it’s a practice area that might well have an opportunity to grow.

The underlying issue at hand is the extension of legal rights to children that have no other recourse. So, what’s involved here isn’t the frivolous notion of kids getting back at their parents, but children pursuing legal solutions to potentially serious issues.

Serious issues

For example, older teens not living at home have the right to attend school without guardian assistance. Children also have the right to get a court order seeking permission to see a loved sibling. These rights are an extension of family laws intended to safeguard the rights of children.

Traditionally, these laws deal with parental obligations towards children. Now more frequently, these laws allow children, in a way, to act in their own best interest. As a result, more and more children are actually approaching lawyers asking what legal recourse they have at their disposal.

If you need a professional advice on family law, or if you’re thinking of divorce, please phone us here at Hosseini Law Firm (HLF) for a 15 minute free consultation: 416-628-4635, or please use the contact form provided on this page. Thank you.

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