You be the Judge: Parent's Rights

If you are a parent, this may interest you.

Parents have broad rights in raising their infant children.  But, of course, they are obligated to act in the child's best interests.

The Supreme Court of New Jersey recently reviewed parental rights--and obligations--in a dispute arising from the use of a skate park facility.  A 12 year old child was injured there; he and his parents sued the facility.  Defendant relied upon a document signed by the child's mother as a condition to the use of the facility; it released the facility from liability for any future injuries to the child.

YOU BE THE JUDGE:  Can a parent sign away a minor child's claims for future injuries that might be suffered at a recreational facility?

The Supreme Court ruled that the public policy of the State of New Jersey requires that a parent protect a child's best interests.  As an example of that policy, parents are required under New Jersey Court Rules to have statutory or judicial approval to act with regard to a child's post-injury claims.

The release was an exculpatory agreement.  Courts hold such agreements in disfavor because they encourage a lack of care.   

The Court found it was contrary to the public policy of the State to permit a parent to bind a minor child to a pre-injury release of the minor's prospective claims arising from the use of a commercial recreational facility. 

Since the parent's release in this case was contrary to the State's public policy, it would not be enforced. .