SuperFriendBFG said:
The guy still had legal custody. Also, the Lawyer turned it into a custody battle to increase his chances of winning. All these articles and news reports still don't change the fact that the girl brought a non-abusive dispute with the father to court.
Yes the father had legal custody. So did the mother. The child lived with the mother and was under her supervision. The question the court was considering was one related to which parent had the right to control the actions of the child in that particular arrangement. The lawyer didn't make this into a custody battle - by its very nature it was fundamentally a question of custody and authority.
Further, while the daughter begun the proceedings it was the mother who ultimately chose to proceed with them.
Finally, consider the court's own observation:
"[56] The Superior Court does not become a forum before which a child may come to challenge a punishment imposed by a parent or a mutual agreement. In fact, except in cases where there is injury or threat of physical, moral or psychological, a judge should exercise the utmost restraint when a minor seeks permission to challenge a decision from the exercise of 'parental rights of a parent the other parent does not.
[57] In other words, the Superior Court is not the place to solve the quarrels of a child unsatisfied with the decision of a parent, unless his health, safety or education is jeopardized."