Kids Sue Mom for "Bad Mothering" But Judge Dismisses Case

Last week an Illinois appeals court dismissed a case brought by two children against their mom for "bad mothering," the Chicago Tribune reports.

Steven Miner II, 23, and his sister Kathryn, 20, of Barrington Hills, Illinois, filed the suit against Kimberly Garrity two years ago, asking for more than $50,000 for "emotional distress."

The alleged offenses include failing to take her daughter to a car show, telling her then-7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check. He also alleged she failed to send a card for years or, while he was in college, care packages.

The siblings were represented by three attorneys including their father, Steven A. Miner. According to the Tribune, Garrity divorced Miner in 1995 after ten years of marriage.

The father asserted that this case was "no different from a patient suing a physician 'for bad doctoring.'" In court papers, he wrote, "Everyone makes mistakes, but ... there must be accountability for actions. Parenting is no different."

In court papers, Garrity's attorney Shelley Smith said the "litany of childish complaints and ingratitude" in the lawsuit is nothing more than an attempt by Garrity's ex-husband to "seek the ultimate revenge" of having her children accuse her of "being an inadequate mother."

In dismissing the case, the court said mother's conduct was not "extreme or outrageous." A victory for the kids, it said, "could potentially open the floodgates to subject family child rearing to ... excessive judicial scrutiny and interference."

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