"Frustrated" dad with shared custody bites daughter--and still retains shared custody (Summerside, Prince Edward Island, Canada)

UNNAMED DAD CONTINUES to have "shared custody" after biting his daughter. His punishment: a whopping total of 5 days in jail, plus useless anger management classes. Had this been a mom who had acted this immaturely, she'd be having her parental rights severed....

http://www.journalpioneer.com/News/Local/2011-09-28/article-2762426/Bite-lands-father-in-jail/1

Bite lands father in jail
Published on September 28, 2011
Child was bitten in effort to stop girl from biting sibling
By Nancy MacPhee

SUMMERSIDE – It was an act of discipline that will cost a 24-year-old Long River man five days in jail.

The man, whose name is being withheld to protect the identity of the victim, was sentenced Wednesday in Provincial Court to the five-day intermittent sentence for biting his young daughter.

The incident occurred in late February. The man, who shares custody of the young girl and his son with his former spouse, was caring for the children. The children had been fighting, arguing and biting each other throughout the day.

When he again heard the children’s cries, frustrated, he asked the young girl if she had bit her brother. When she said yes, the man bit her on the arm over her pajama sleeve and bit the young boy in an attempt to teach the children what it felt like to be bitten.

The children’s maternal grandmother later discovered a bruise from the bite. When she later refused to let the children go with their father, he went to police.

Eventually, in questioning the grandmother, the biting incident was revealed.

The man, in questioning, told police the children had been constantly fighting and that he had tried other avenues of discipline, including time outs, which didn’t stop the biting.

Crown attorney David O’Brien called the behaviour “totally unacceptable.”

O’Brien detailed the pre-sentence report prepared for the court, which indicated the man volunteers, is a good employee and, by all indications, a good father.

It also indicated the man wasn’t entirely compliant with Child and Family Services, which was called in on the case. The man also failed to complete all necessary sessions of the Pathways addiction program and tested positive for marijuana.

The man had no previous record.

“He doesn’t truly understand the significance of the act he was engaged in,” said O’Brien, who recommended a blended sentence of jail and probation.

Defence attorney Jonathan Greenan said his client simply used poor judgment.

“It’s not a perfect parenting technique. It’s not a good parenting technique.”

But, added Greenan, in speaking with other lawyers, it’s a technique some admitted they themselves had used.

“It is something that happens,” said the lawyer. “Was his choice wrong? Of course it was wrong. He acted out of frustration. He acted out of inexperience.”

The man has taken part in two anger management sessions since August and continues to share custody of his children.

Lantz said a short period in jail is necessary to send a message to the man and the public that his actions were wrong.

“The manner of discipline is certainly not appropriate, not an acceptable form of disciplining a child,” added the judge.

The man will be on probation for 12 months, during which time he must undergo assessment, counselling and treatment for any anger, mental health and addictions issues and must participate in anger management and family/parenting counselling recommended by his probation officer.

Lantz also stipulated that the man not be permitted to physically discipline children in his care.