Lawyer's Assistant: What state are you in? It matters because laws vary by location.
Lawyer's Assistant: What steps have you taken so far?
Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you?
Expert: Hello, thank you for the question. I'm an Ontario lawyer. What's going on?
Okay I'll start typing
I'm reaching out to you today to report on an issue with human rights.A close friend of mine has intended for a long time to use her human rights tha
T at 16 you can withdraw your parents authority and live independently. This friend of mine, Shaylin is at her mothers residence with her phone confisca
Ted now that shes of the legal age to enact this human right and cant make the call herself to exercise her right.
Shaylin has shared with me her intentions to use her legal right to withdraw her mothers authority over her and choose where she wishes to live.I'm con
Tacting to learn how someone from the human rights tribunal or commission can contact Shaylin Banks herself directly about the sincerity of her intention
S to use her legal right to withdraw her mothers authority over her and allow her to exercise her rights as she sees fit to live independantly.
Expert: She can go where she likes. Nobody should be physically stopping her from going to a shelter or to stay with a friend if she's determined to. Is someone stopping her?
I can contact the human rights organizations on Monday to Friday but wanted to investigate what else I can do and who else I can contact.
Expert: There's nobody to contact. She can leave her house and go stay somewhere. Her mother might not let her take her furniture or all of her belongings, but that's just stuff anyway which your friend probably didn't pay for herself anyway.The child welfare authorities won't do much because of her age, but in some provinces they will help children over 16 who have left home for good reason. Or she can go to a shelter or stay with a friend. Are either of those latter options open to her?
Her mother wont let her leave or contact these authorities herself.
I'm thinking someone from human rights needs to contact her directly and hear her out and vouch and facilitate her executing this right
Expert: There is no such entity I'm afraid.
Expert: I find it hard to believe that her mother is not physically allowing her to ever leave the house.
She doesnt want her living on her own and the daughter does. Simple as that
Theres these contact numbers for this. It's just they dont open til Monday and I dont know what in reality they could do. I'm hoping they do talk to her
And then they contact an authority to permit her to have her phone and freedom of movement returned.
Expert: Then the daughter can leave. How is the mother physically restraining her? And if she can't call for help then how are you in touch with her? If the mother is physically restraining her then you can call the police who will attend to see what's going on, and then the child should be allowed to leave. It's possible that in these days of covid the police won't be of much help, but that doesn't change the principle. That line isn't going to send someone over, or get on the phone with the mother to tell her to let the child go, but you're free to call it and see what they will do. There's no right to a phone. There is a right to movement, but she's still a minor and the parents can insist on a reasonable curfew. And these days, nobody is to be out and about without a good reason anyway. I'm sorry if I'm not telling you what you want to hear. Anything else about this topic to discuss?
Her mother wont let her leave and I was talking to her briefly before her birthday and then she got on someone's computer in the house and reached out to
Me once about her situation.Her mother can insist on a curfew even if she also has the right to leave?
Expert: Yes, she has the right to leave home and say "I'm an independent adult" and then be responsible for herself, getting student welfare, or working, or whatever. But if she's living at home she can be expected to follow reasonable rules of the home. That's the law. The parents are obligated to provide reasonable food, clothes, and shelter and can establish reasonable rules. If the 16 year old wants to reject all of that, she's free to leave.Does that make sense?We're all anonymous here, can I ask what your attachment to the situation is? Are you a family member? I'm just trying to get the context better. Why don't you contact the mother yourself and try to intervene?
I am her close friend and the mother won't speak to me
Expert: Let's pull back a bit from the Human Rights angle. Remember, we're all anonymous here so don't use details that can identify anyone, and you can tell me the absolute truth.What does your friend really want, to move out or to have her mother lay off and give her a phone and lighten up on the rules? It can't be that your friend is literally and physically a prisoner in that home, is it?
Shes talked to her mom about this before with me on the phone and tried to tell her she wants to leave. Mother wasnt obliging
Expert: So, why doesn't she? Could she come to stay with you?
Expert: It's not a question of mom obliging. Is mother physically stopping her?
I would assume so because she had every intention of going with me. The problem started 5 days ago of picking her up 3 days before her birthday and leavi
Ng but then her mother called the police and had her returned. Now she is 16 and is unable to be reached.
Expert: The police picked her up from somewhere and returned her home? That's unusual. When did that happen?Are her parents together or separated?
She left her house and came with me and we went to my place before she was 16 and so her mom called the police and had her returned. Now she is 16. This
Happened near March 28th. Divorced, my friend lives with her mom and brother
Expert: Well, if she's still welcome she should come stay with you again. I asked about her parents because she should go stay with her father if that's convenient, and her father can then talk to the mother about a change in the custody arrangement. Is her father around or nearby? Or another adult relative or family friend whom the mother would trust more than you?
That's a good question. I dont have contact information with any of them.
Could the police be petitioned to check in with her and hear her out and permit her to leave?
I don't think the police can help. I'm thinking the call numbers on Monday is my best bet
Expert: If she has a facebook page, perhaps she has close relatives as friends whom you could contact. That is getting personally involved with the drama there, but I guess you're already involved.You could call the police to do a Wellness Check, and they'd come by the place. And if your friend tells the police she wants to leave the police would talk to her mother about it. They will try to help, whereas those numbers aren't going to lead you to any Human Rights Police who will go in there and help her move out. So if you're really concerned about her safety, feel free to call the police about it for a wellness check. Anything else about this to discuss? I'm here if you have further questions. If I've answered you may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers. I'd appreciate it. And I'll still be here if you want to talk about this more.
The wellness check is interesting. Are there any other organizations you can think of that do wellness checks? Also how do I give you a positive rating
Expert: That's a police thing. If you call another first responder without there being an emergency you could be in trouble. The police will do a wellness check if you can convince them that your friend might be in jeopardy. Just say that you're very worried because there's been no contact for days and know you that she was having serious disagreements with her mother. They won't go out with lights flashing, but they'll go by and knock on the door to see if everyone is ok. Ratings are done by clicking on the row of stars you'll see on the page. Five stars is best. That would be great.
Expert: Anything else to discuss about this for now?
I don't think so. I can still use this service later with the week long trial right?
Expert: Thanks for the rating, that's great. I'll check in on you tomorrow.If you have the subscription, then you can open more question threads for free, to a limit. I'm not a site employee so I can't check your site account to see what you're entitled to for what you've paid. Keep an eye on that. This thread will stay open and we can discuss this topic further here. If you start another thread and want my attention specifically, start with Dear Ulysses and it'll be left for me.Good luck and stay safe, and I'm still here if you want to talk. I'm up and down from my computer though, so be patient if I don't get back to you right away. Ulysses
Expert: Also, I'll check back in with you in 1 day on 4/5/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.
Thanks, that's a lot of help
Actually could you help me phrase the wording for the human rights tribunal form? I'm just proof reading it now
Expert: This isn't an issue for the tribunal. The tribunal is there for when someone is discriminated against in the workplace, or by government. It'll also take over a year to get any case heard there. Your friend doesn't need any kind adjudication on her situation, as long as she's not developmentally delayed or disabled. Is she?
Shes not any of those last 3
Expert: OK. So this isn't a human rights matter at all, really. If her mother is holding her prisoner then its a matter for the police.
Okay I'll try that