Monday, June 29, 2009

Australian court bans dad from weighing son

A court has banned a Victorian father from weighing his son. The Family Court orders also prevent the dad discussing the nine-year-old's weight with, or within earshot of, the boy. The man could face sanctions including fines or jail if he breaches the order and a series of others set by the judge.

Justice Nahum Mushin imposed the restrictions at the end of a bitter 16-day custody hearing where the child's health was a major flashpoint. The court heard the dad is fixated on the fact his disabled son's weight exceeds 40kg, and he blames his ex-wife for the blowout. The father - who can't be identified for legal reasons - accused the mother of allowing the boy to watch too much television, eat fatty foods and exercise little. He was concerned the child's weight was having an impact on the effectiveness of various medications. The boy suffers from a range of medical problems.

The mother accused the man of denigrating the boy about his weight, and of using his size as a reason to criticise her. Doctors and teachers trying to care for the boy were alienated by the man's aggressive behaviour, the court heard. The man's conduct to the child's main doctor was "harassing, aggressive and confrontational", the court found in a judgment published last month. The dad - who wanted his son to change schools - also wrote "derogatory, dictatorial and sarcastic notes" in a diary to a teacher, the court heard.

The judge ruled the children should live with the mother and granted her sole responsibility for decisions about the boy's health and education. Justice Mushin described the case as "extremely protracted and bitter". "There is enormous antipathy between the parties. Throughout this trial I searched for, and could not find, any point of convergence between them with regard to their parenting," he ruled.

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