Courts should stay out of parenting

Courts should stay out of parenting

The U.S. Supreme Court recently upheld the granting and extension of qualified immunity, in Missouri and the six other states that comprise the Eighth Circuit of the U.S. Court of Appeals, to government agents who violate the rights of divorced parents to raise their children as established in a state court order of child custody. In the Ninth Circuit and perhaps the rest of the country, parents’ right to raise their children is considered fundamental. Any government interference with that right is subject to strict scrutiny and must advance a compelling reason, such as a genuine safety concern for the children.