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  1. #1
    Join Date
    Aug 2003
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    In heels
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    Judge orders couple not to have children

    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.

    http://edition.cnn.com/2004/LAW/05/0....ap/index.html

  2. #2
    Join Date
    Jan 2004
    Posts
    3,188
    Well maybe the ACLU wants to start a fund for these kids?

  3. #3
    Join Date
    Jul 2004
    Posts
    23,799

    hooray for the judge

    finally a judge who is willing to take a stand. as for there being no precedent in this, several times lately judges in nonsupport cases in various states, have ordered that the deadbeat parent not conceive any more children, until they become able to support the ones they have.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

  4. #4
    Join Date
    Feb 2005
    Posts
    9,711
    Mysterview I agree 100%

    Came to post the exact same thing..
    That judge did the right thing.
    Why on earth should these people be pernmitted to have more children??
    I think giving the circumstances for them to have more would equate to mental illness.

  5. #5
    Join Date
    Jun 2004
    Posts
    51
    I completely agree with the judge's ruling. It is about time something was done about individuals that have no right being parents.

  6. #6
    Join Date
    Apr 2004
    Posts
    1,810
    I agree with the decision. I wish they could force contraception as well. If she is found in contempt of court by becoming pregnant, we have not solved the real dilemma.