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Thread: Judge orders couple not to have children

  1. #1
    Just a Virtualized Geek MrLinus's Avatar
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    Sep 2001
    Redondo Beach, CA

    Judge orders couple not to have children

    It's about time someone took a stand on this. Geez. Looking at the situation (highlighted in bold) makes me think these two should never have kids. These two don't care about what they do to their kids and society is supposed to fix it because it's "unconstitutional" to tell these two that they just aren't fit to be parents?! *BAH*


    Judge orders couple not to have children

    Saturday, May 8, 2004 Posted: 9:18 AM EDT (1318 GMT)

    ROCHESTER, New York (AP) -- A couple has been ordered not to conceive any more children until the ones they already have are no longer in foster care.

    A civil liberties advocate said the court ruling unsealed Friday was "blatantly unconstitutional."

    Monroe County Family Court Judge Marilyn O'Connor ruled March 31 that both parents "should not have yet another child which must be cared for at public expense."

    "The facts of this case and the reality of parenthood cry out for family planning education," she ruled. "This court believes the constitutional right to have children is overcome when society must bear the financial and everyday burden of care."

    The judge is not forcing contraception on the couple nor is she requiring the mother to get an abortion should she become pregnant. The couple may choose to be sterilized at no cost to them, O'Connor ruled.

    If the couple violates O'Connor's ruling, they could be jailed for contempt of court.

    "I don't know of any precedent that would permit a judge to do this," Anna Schissel, staff attorney for the Reproductive Rights Project of the New York Civil Liberties Union, told the Democrat and Chronicle of Rochester. "And even if there were a precedent, it would be blatantly unconstitutional because it violates the United States Constitution and the New York Constitution."

    Neither parent attended the proceeding or secured legal representation. The mother waived her right to a lawyer, and the father never showed up in court.

    The mother was found to have neglected her four children, ages 1, 2, 4 and 5. All three children who were tested for cocaine tested positive, according to court papers. Both parents had a history of drug abuse. It was not immediately clear if the father had other children.

    A case worker testified that the parents ignored an order to get mental health treatment and attend parenting classes after the 1-year-old was born.

    The mother was still in the hospital after giving birth to her fourth child in March 2003 when authorities took the infant, according to court papers. Investigators said the mother was unprepared to care for the infant.

    Attempts to reach the youngest child's guardian were unsuccessful. Information on the other children's guardians was not immediately available.

    Attorney Chris Affronti, who chairs the family law section of the Monroe County Bar Association, said he's not sure how the ruling could be enforced.

    "I think what the judge is trying to do is kind of have a wake-up call for society," he said.
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  2. #2
    AO Curmudgeon rcgreen's Avatar
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    Nov 2001
    Wasn't there a sci fi novel about this once upon a time?
    How times change!
    I came in to the world with nothing. I still have most of it.

  3. #3
    @ÞΜĮЙǐЅŦГǻţΩЯ D0pp139an93r's Avatar
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    May 2003
    St. Petersburg, FL
    The ruling may or may not be "legal", but it is definitely the right thing to do. Unfortunately in this day and age, a ruling of this magnitude can set precedents allowing unimaginable intrusions into personal liberty.

    I just wish that rulings like this were not neccessary, although I have seen first hand the kind of actions that lead to this. The mother of my daughter is off somewhere doing god knows what drugs and generally making her life even worse. I have been working my ass off for the last 6 months trying to take care of a 2 year old because she won't. I support the ruling, but I wish it wasn't neccessary.

    The saddest thing in the world to me is seeing parents who won't take care of their children.
    Real security doesn't come with an installer.

  4. #4
    Join Date
    Apr 2003
    The saddest thing in the world to me is seeing parents who won't take care of their children.
    I agree. and when a 1-2 year old child is tested positive for cocaine. thas just wrong....just wrong, i dont even know what to say....

  5. #5
    AO's Resident Redneck The Texan's Avatar
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    Aug 2003
    good for that judge! smart decision... :-)
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