I am preparing for a hearing on an order of protection filed by the mother of child who was disciplined by the father over a homework disagreement. I represent the father. Without getting into intimate details, my client barely laid his hand on the child. No bruises, marks, etc. I came across this language in case while doing some research. I thought you might be interested.They're infringing upon my client's constitutional rights!!! Does anyone have Professor Schlam's phone number?!!??!
A parent's "right" to corporally punish his or her child is derived from the right to privacy, which is viewed as implicit in the United States Constitution. This right to privacy encompasses the right to care for, control, and discipline one's own children. "Discipline" has been interpreted by the courts to extend to reasonable corporal punishment. In Re F.W. and C.W., Minors, 261 Ill.App.3d 894 (4th Dist. 1994).