Grandparents who smacked nine-year-old boy win custody battle
The grandparents of a nine-year-old boy have won their custody battle, despite their choice to smack the child as discipline.
Tyson was raised by his grandparents, but in 2015 the Family and Community Services backed Tyson's father's application for custody even though he had a criminal history and an Asperger's diagnosis.
In NSW, it is only legal for a parent or a guardian to smack a child with "reasonable" force.
But the Children's Court ruled in favour of Tyson's grandparents after they were told their use of "physical discipline" was an issue.
"While their parenting may not have been perfect or adhered strictly to policies there was no evidence that Tyson was at risk of any harm," Magistrate Tracy Sheedy said.
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Experts fear the ruling could send other parents and guardians the wrong message.
"The sub text message here is that it's just fine to hit your kids," child psychologist Professor Matthew Sanders said.
Matt Sanders says the long term affects are probably minimal, but believes there are better ways to discipline.
"If kids are jumping on the couch and parents want them to stop I mean the appropriate thing is an instruction to stop and followed with a statement of where they are able to jump," he said.
"We know when there's significant corporal punishment occurring, brain injuries can occur, kids really can get hurt."