Can a child sue their parents? this is a theoretical question I am asking to satisfy my curiosity; hopefully this will never need to be useful for somebody Say a child is facing lots of abuse at home, or have parents who discriminate against them for being LGBTQ or is disabled. Could in theory, if the child had enough money and resources, sue their parents? Is there a country where this is legal? I know CPS exists in places like the United States; this is purely a theoretical question
Minor children can, in theory, sue their parents, in many countries, as long as they can prove a cognizable harm. The simplest case is where a parent commits a crime against the child, such as rape; this would also include embezzlement. &quot;Abuse&quot; is a term used in laws, for example RCW 26.44.020 (Washington state), but that sense of &quot;abuse&quot; doesn't include e.g. &quot;overbearing behavior&quot; or &quot;obnoxious politics&quot;. If a child is disabled and the parents taunt the child for that disability, it is possible that the child could sue to terminate parental rights. The case is even clearer if the parent fails in their parental obligations to the child. Lgbtqia child rights are less well-defined. The background assumption is that the parent has the exclusive right to determine the child's upbringing, which includes things such as political beliefs, religion, and matters touching no family and sex. Norway is one of those countries with relatively few restrictions on &quot;how you live your life&quot;, and they are considering a law against &quot;conversion therapy&quot;, but there is presently no law prohibiting a parent from denouncing their child's lifestyle. It is possible that Barnevernet (child protective services) could intervene in a particular case, but they would not sue a parent on behalf of the child unless the parents actually violated the law.
Does CCPA impact whether or not this is allowed? Probably not. Public schools are divisions of state government and there are limits to how much the federal government can dictate the operations of state and local governments. Limitations on whether public schools can monetize data collected from students (13+) would arise under state law. The state law could certainly expressly authorize the practice (and to some extent does already with profit generating sports teams and yearbooks). State law could likewise prohibit the practice. For the most part, state law is silent and it doesn't happen that much because it isn't very profitable. Is there different guidance for public (government-managed and nonprofit) vs private schools? The legal analysis is very different. I'm not as familiar with this area of law, however, and will leave that question to someone else. As a practical matter, private schools are in a very good position to obtain express consent to do so from parents and students, so that is usually how the issue is resolved, I suspect.
This is an amusing idea, but ultimately it seems frivolous: How does one establish the physical presence of a corporation in a car? Yes, corporations have some of the legal rights and liabilities of people, but they are not people. And there are plenty of rights a person has that a corporation does not. For example (at present) a corporation can't be a party to a marriage. The closest a corporation comes to any corporal presence is the address listed of their agents.
To what legal extent can parents prevent children from masturbating and are religious reasons legal justifications for such actions? One of the main restrictions on parental authority is a prohibition on engaging in child abuse or neglect. But, in most cases, this either isn't defined at all, or is defined only in the most general terms (in the same way culpability for an accident depends upon "negligence" which is also only vaguely defined). So, somebody would have to decide if that conduct constitutes abuse or neglect of a child (realistically, this fact pattern would involve the issue of abuse, rather than neglect), and while religious reasons can justify some conduct that might otherwise be considered abusive because it caused harm for no justifiable reason, ultimately, the interest of the state in preventing the abuse of children outweighs freedom of religion and could give rise to criminal child abuse charges and/or termination of parental rights. Whether or not a chastity belt would constitute abuse would depend upon the judgment of the relevant CPS official, a prosecuting attorney and a trial judge (possibly subject to appellate judge review), in light of common sense and community standards. There is no hard and fast rule, and the question might be resolved in different ways in different times and in different places.
Is it true that there has never been a single case It is tough to prove a negative. I am not going to completely parse the quote but please notice that the quote states "we couldn't find" and concludes that "it doesn't happen." Given these two pieces of information I do not conclude that there has never been a single case. Rather I conclude that the speaker in your quote could not find a case therefore he concluded that there has never been a single case. It's largely impossible to determine that there has never been a single such case. We can search published opinions but that barely scratches the surface of lawsuits that are filed. It is entirely possible that someone filed a suit which was quickly dismissed. The Act provides a defense, it does not bar lawsuits. Someone might get sick from food and not know where the food came from so they sue the provider. If this happens the provider may raise the Emerson Act as a defense and escape liability to the extent applicable. But again, we will never know because it's impossible to examine every lawsuit filed in this country.
Beware: The details will depend not only on jurisdiction, but also on the details of the parents, the parenting agreement and, of course, on the situation of the child. However, here are some general guidelines (mostly independent of jurisdiction): Ideally, you should resolve the problem by non-legal mechanisms. However, you may have to resort to legal means if this fails. I would advocate a gradual escalation of your reaction: First, do not assume malice. Nicely ask parent A why the plan was not followed. Maybe it was a simple oversight, maybe there was an emergency? Try to find out, and decide whether the change was warranted. If there is no satisfactory answer, clearly remind A that the parenting plan is binding for everyone, and that it is important for both the child and the parents that they can rely on it. Stress that any last-minute changes must be discussed as soon as possible, even in emergencies. This should be done in writing, maybe even by registered mail. If the problem repeats, send a last letter indicating that you will seek legal remedy if the problem persists. This letter may work better when sent by a lawyer. A letter from your lawyer to A's lawyer (assuming you both have one) may also prompt A's lawyer to explain to A that they are hurting the child and themselves by violating the parenting plan. Finally, if all the above fails, go to court. You could ask for a change in the parenting agreement, maybe with less frequent changeovers, or with changeovers that are easier to arrange, or at an earlier time, such that a delay causes less problems. You could also ask for a formal permission to have the child fetched by the police or similar on subsequent violations (though that is a rather desperate option, and may not be available). If you reach this point, following the previous steps should give you a fighting chance to prevail in court, as you have demonstrated that you tried everything to make the agreement work. Courts generally take a dim view of people who violate an official agreement. In Georgia specifically, like in most US states, violation of a court-ordered parenting agreement by one parent is a serious matter. The other parent can ask the court to hold the parent in contempt of court. The court can then order a number of consequences for these violations, such as awarding the other parent extra visits or monetary compensation, up to and including sending the parent to jail (this only happens in extreme cases). The article Violation of Custody and Visitation Orders in Georgia gives a good overview.
A private college or university is allowed to grant preferential treatment to anyone they please, except for oen of the reasons prohibited by relevant anti-discrimination law. Such laws vary by state, but generally prohibit preferences based on race, national origin, or gender. Some also include sexual preference or other categories. But I have never heard of a law preventing discrimination based on wealth, or specific donations. None of the Federal civil rights acts have such a provision. Preferences for so-called "legacy" students -- that is students whose parent or parents (or possibly more remote ancestors) are alumni of the school are common, and I am not aware of any case in which they have been seriously challenged as unlawful discrimination. Preferences for military veterans are also common, and may be mandated for public schools. For public schools justifying discrimination might be harder, and any relevant legislative polices will need to be considered, but even they can be free to make "rational" distinctions at least. Not all discrimination is unlawful discrimination -- far from it.
Admissibility is one thing, enforcement is another. My observations, which are more detailed than casual, is that Family Courts are a different breed, and more than most any other court, "they do what they want." I have associates who had agreed to stipulations, detailing how a child might be handled, only to have a family court decide at some point to implement some completely different plan, and in doing so run against what both parents were interested in doing. Prenuptial agreements appear to be meaningless, as this is not about the assets of the couple, it is about the state's interest in the child. Even then, the courts seem to act in manners which appear to not be in the best interests of the child (and sometimes even say so.) Back to your question, would an agreement be admissible? Yes. Does it mean much? In my opinion, and based upon the preponderance of evidence, no. Do whatever you have to do to stay out of family court. Being married doesn't matter. Working together for 21 years does. In the future, you should state the jurisdiction you are in. It does change the answer, but in this case only subtlety.