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Reply #53: The only trouble is that there were allegations of coercion by the custodial parent [View All]

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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-25-08 05:14 PM
Response to Reply #49
53. The only trouble is that there were allegations of coercion by the custodial parent
the newly religious father.

Even so, the practical effect of the decision will be to put off any medical procedure until the boy is older- perhaps old enough to where consent is givn more weight- or required by Oreon law.

One constitutional law professor who has been following the case called it "a reasonable ruling"

"I think what may be delicate and tricky is ... how much we can trust what the 12-year-old says, given the circumstances," said Carl Tobias of the University of Richmond. "He likely feels some pressure from (his parents)."

The custody dispute began when the child was 4 and the circumcision issue began three years ago when he was 9. The courts have steered clear of religious or medical issues, focusing on the questions of custody and care of the child.

Determining the youth's opinion is important, the Supreme Court said, because forcing him to undergo circumcision against his will at age 12 could affect his relationship with his father and his father's capability to care for him properly.

"We think that no decision should be made without some assessment of (the child's) true state of mind," the decision said.

It said a trial court could order independent physical or mental examinations or set up an independent panel of experts to gather information.

http://www.oregonlive.com/newsflash/index.ssf?/base/news-22/1201281704181690.xml&storylist=orlocal
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