Man faces contempt of court for not forcing daughter... - Spokane, North Idaho News & Weather KHQ.com

Man faces contempt of court for not forcing daughter to wear ear implants

KOOTENAI COUNTY, Idaho. - 8-year-old Emma has been deaf since birth and has cochlear implants in both ears. An attorney for Emma's mother, Jennifer Miller, who has primary custody of Emma, says medical personnel have deemed it essential that she consistently wear the device in order for her to develop both verbal and social skills.

Emma's father, Shaun Mclaughlin, is also deaf. When Emma is in his control the two communicate using American sign language.

In August of 2009 during a custody trial the two parties agreed that Emma would be required to wear the implants during waking hours.

When it became clear that her father was not forcing her to wear the implant in her left ear while in his custody, Emma's mother filed a claim against Mclaughlin for contempt of court.

In a pre-trial hearing on Monday Mclaughlin told the judge through an interpreter that he doesn't agree that he should force his daughter to wear the implants. He said he wants to honor his daughter's feelings and forcing her to do so would be abuse.

Shaun's mother, Judy Mclaughlin feels that Emma's father didn't fully understand the terms of the original agreement because he wasn't properly represented by an interpreter in court.

"His attorney didn't have an interpreter for him to converse with him and was relying on me," said Judy Mclaughlin. " He didn't know that was illegal and against the rules at the time."

Regardless of whether those allegations that Shaun's rights weren't fully met in court last summer are true, he still has to face this current claim of contempt when it goes to trial on May 13th.

The following is the full script that aired on KHQ.

{***ON CAM***}

[TAKE: {DAN}]

A WASHINGTON MAN IS FACING CLAIMS OF CONTEMPT IN A KOOTENAI COUNTY COURTROOM FOR NOT FOLLOWING A JUDGE'S ORDERS TO FORCE HIS DEAF DAUGHTER TO WEAR SPECIAL EAR IMPLANTS...

NORTH IDAHO REPORTER MIKE PERRY JOINS US NOW WITH THE DETAILS

[TAKE: {MIKE/REM LIVE}]

SHAUN MCLAUGHLIN APPEARED IN A PRE TRIAL HEARING ON MONDAY IN KOOTENAI COUNTY AFTER THE MOTHER OF HIS DAUGHTER FILED A CONTEMPT OF COURT CLAIM AGAINST HIM WHEN HE FAILED TO FOLLOW THE COURT ORDERS OF HIS CUSTODY AGREEMENT

(NATS)

THIS IS VIDEO SHOT LAST SUMMER OF 8-YEAR-OLD EMMA WHO CLEARLY IS UPSET BECAUSE SHE IS HAVING TO PUT A COCHLEAR DEVICE IN HER EAR--EMMA HAS BEEN DEAF SINCE BIRTH AND HAS COCHLEAR IMPLANTS IN BOTH EARS--AN ATTORNEY FOR EMMA'S MOTHER, JENNIFER MILLER, WHO HAS PRIMARY CUSTODY OF EMMA, SAYS MEDICAL PERSONNEL HAVE DEEMED IT ESSENTIAL THAT SHE CONSISTENTLY WEAR THE DEVICE IN ORDER FOR HER TO DEVELOP BOTH VERBAL AND SOCIAL SKILLS--

EMMA'S FATHER, SHAUN MCLAUGHLIN, IS ALSO DEAF--WHEN EMMA IS IN HIS CONTROL THE TWO COMMUNICATE USING AMERICAN SIGN LANGUAGE

IN AUGUST OF 2009 DURING A CUSTODY TRIAL THE TWO PARTIES AGREED THAT EMMA WOULD BE REQUIRED TO WEAR THE IMPLANTS DURING WAKING HOURS--

WHEN IT BECAME CLEAR THAT HER FATHER WAS NOT FORCING HER TO WEAR THE IMPLANT IN HER LEFT EAR WHILE IN HIS CUSTODY, EMMA'S MOTHER FILED A CLAIM AGAINST MCLAUGHLIN FOR CONTEMPT OF COURT--

IN A PRE-TRIAL HEARING ON MONDAY--MCLAUGHLIN TOLD THE JUDGE THROUGH AN INTERPRETER THAT HE DOESN'T AGREE THAT HE SHOULD FORCE HIS DAUGHTER TO WEAR THE IMPLANTS--HE SAID HE WANTS TO HONOR HIS DAUGHTER'S FEELINGS AND FORCING HER TO DO SO WOULD BE ABUSE--

SHAUN'S MOTHER, JUDY MCLAUGHLIN FEELS THAT EMMA'S FATHER DIDN'T FULLY UNDERSTAND THE TERMS OF THE ORIGINAL AGREEMENT BECAUSE HE WASN'T PROPERLY REPRESENTED BY AN INTERPRETER IN COURT

[TAKE SOT]

{***SOT FULL***}<"His attorney didn't have an interpreter for him to converse with him and was relying on me and didn't know that was illegal and against the rules of the ADA at the time">

{***VO***}

REGARDLESS OF WHETHER THOSE ALLEGATIONS THAT SHAUN'S RIGHTS WEREN'T FULLY MET IN COURT LAST SUMMER ARE TRUE--HE STILL HAS TO FACE THIS CURRENT CLAIM OF CONTEMPT

SHAUN WILL FACE THIS CLAIM OF CONTEMPT WHEN IT GOES TO TRIAL ON MAY 13TH--IN NORTH IDAHO MIKE PERRY KHQ LOCAL NEWS

 

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