A Chicago court may be about to jail (link repaired, see also here and here ) a law student/parent for taking his child to church in what seems, from the interview he gave, to be a clear and deliberate violation of a court order.
While a California court would clearly not make a similar order, the manner in which the issue arose here raises a couple of interesting questions:
To what extent can/should a court in a custody case consider, or attempt to govern, conduct of a parent which, without context, is pretty clearly within that parent's core Constitutional rights (whether it's this case, or publishing the details of the custody litigation on a blog, or saying critical things in a public forum about the other parent, or the parent who named his kid "Adolph Hitler") but is actually done in a manner which is clearly calculated to have an impact on the other parent, or at least is reasonably foreseeable to have a substantially unfavorable impact on the child?
You'll note, if you read the story, that Mr. Reyes took his three-year-old daughter to church with a television news crew in tow.
Is parental selfishness, or even plain bone-headedness or vindictiveness, entitled to additional protection if it occurs in the context of parent's exercise of a protected constitutional right?
2 weeks ago