Are Parents Responsible for their Children’s Misbehavior? A Study on Beyond Control Children from Legal Perspective

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Shariffah Nuridah Aishah Syed Nong Mohamad

Abstract

Beyond control children are normally those who frequently disobey their parents’ lawful instructions which caused the parents unable to control them, for example absence from school, coming home late, running away from home, smoking and alcohol consumption. They do not commit crimes nor being the victims of abuse or negligence of parents. Previous studies showed that the main reason which contributes towards the uncontrolled behavior goes back to the family itself since children spend most of their time at home and parents possessed the main responsibility to raise, nurture and educate them. However, should the parents bear the responsibility for their children’s misbehavior or disobedience? If yes, to what extend? Thus, this study is conducted to analyze the parental responsibility towards their children particularly in the context of beyond control children from the legal perspective. This study employed library research method for data collection through the analysis of primary and secondary documents including court cases, statutes, international conventions, books, journals, conference proceedings, and other periodicals. This study found that parents bear the responsibility for their children’s misbehaviour including beyond control behavior and bound to perform all of the court orders for the purpose of rehabilitating their children. The rationale behind this is because the misbehavior of the children was attributable to the mistake, careless or weakness of the parents in raising and controlling them. However, it is not a form of punishment to parents but rather a joint-venture measure with the government for the best interest of the children.     

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