Children in spanking case going home

ST. THOMAS, Ont. (CP) - Seven children taken kicking and screaming from their parents almost three weeks ago because they were occasionally spanked will be allowed to go home.

A judge cleared the way today for the children, who have been in the custody of the Children's Aid Society since July 6, to return to their Christian fundamentalist parents.

''The children are coming home,'' said a jubilant Rev. Henry Hildebrandt, the pastor of the Church of God in the southwestern Ontario town of Aylmer, where the family lives.

The couple smiled as the judge granted their request to regain custody of the children. Aged six to 14, they had been living with a foster family since authorities removed them from their parents.

It was a heart-wrenching scene captured by television cameras that played across the country and renewed the debate about whether it is appropriate for parents to spank children.

The family, who cannot be named, were united only occasionally in the last several weeks, and only during supervised visits.

Outside the courthouse, about three dozen parishioners sang hymns and chanted in support of the parents. Almost as many others held placards denouncing spanking as a form of discipline for children.

Although the children will go home, the judge ordered continued supervision by Child and Family Services.

It was unclear whether the parents had agreed never to spank the children again.

Section 43 of the Criminal Code of Canada permits parents to spank their children, as long as it doesn't exceed reasonable force.

But while it isn't enshrined in law, courts have long frowned on the use of instruments such as straps, belts or paddles, the Coalition for Family Autonomy has said.

Susan Mutch, an ordained minister of the Church of God in British Columbia, has created a Web site documenting the case - photos and all - in an effort to drum up international support for the family.

On the other side of the debate, opponents call the section an excuse to abuse children and are taking their fight to the Ontario Court of Appeal in September.