Teen's attorney said says its is critical that if her client does dismiss the lawsuit against her parents, that it be done “of her own free will and not due to the extreme pressure of her parents and the media.”
MORRISTOWN — Hours after Rachel Canning returned home today, her attorney requested a court-appointed legal guardian for the 18-year-old who sued her parents for support.
The request for emergency relief was just as quickly denied by the judge in Morristown who has been handling the high-profile case.
In an application filed in the wake of Canning’s return to her parents, her attorney, Tanya Helfand of Whippany, asked the court to step in.
“Just a few days ago, Rachel Canning indicated she could not go back home with her parents and she required a promise of some financial assistance going forward," Helfand wrote. “Now, after speaking with her mother yesterday, she said she is waiving her complaint and is receiving no promises or consideration in return.”
She said it was critical that if her client does dismiss the matter, that it be done “of her own free will and not due to the extreme pressure of her parents and the media.”
Helfand, who specializes in family law, said the court never determined if Rachel was emancipated or not.
“A psychologist certified that the parents are abusive. School faculty certified that the parents abuse the child,” she wrote.
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Rachel Canning last week in the courtroom with John Inglesino and her attorney, Tanya Helfand, who is seeking a legal guardian for the teenager who returned home last evening.
At the same time, she urged the judge to close the courtroom and put a gag order on all parties.
“All pressure is from defendant. It is critical that the courtroom be closed and that all parties, including counsel, be enjoined from speaking with media any further to avoid further manipulation of this legal matter,” she said.
Family Division Judge Peter Bogaard in Morris County denied the application.
Helfand did not return calls to her office.
Earlier today, Angelo Sarno, an attorney for the Sean and Elizabeth Canning, held a press conference to announce that Rachel had returned home, but did not offer any details as to what sparked the apparent reconciliation.
“There is a long road ahead. The healing needs to begin,” he told members of the media outside his Roseland office. Members of the family were not there.
Sarno said the lawsuit that generated so much attention is still pending, and her return home was not contingent on any financial or other considerations.
“We’re not going to talk about the merits of the case,” he said. “She’s home. Respect it. Let’s not figure out what the motivation was.”
Canning, an honor student and athlete at Morris Catholic High School, first left her parents’ home in October, moving in for two days with her boyfriend's family, and then with the family of her best friend, Jaime Inglesino. Her parents took swift retribution, refusing to pay her private school tuition.
In response, the young woman took her parents to court, in a lawsuit, with her legal fees fronted by her friend’s father, former Morris County freeholder John Inglesino. She sought child support from her parents, including the cost of her private school tuition, medical and related bills, college expenses and her legal fees.
In court papers, the girl said her mother complained about her weight, calling her “fat” and “porky.” By her junior year, she said, she was so concerned about her appearance she developed anorexia and bulimia, ultimately dropping to 92 pounds.
At the same time, she accused her father of being “inappropriately affectionate,” alleging he “constantly put his arm around me in public and would kiss me on the cheek.” At a wedding before her senior year, she said, her father gave her shots and mango martinis until she was drunk enough to black out. At the same time, Canning contends, her parents placed unreasonable limits on her, forbidding her from spending time with her boyfriend.
Sean Canning responded that his daughter's claim of inappropriate affection had fabricated.
Her parents said their daughter had refused to abide by household rules they considered liberal and spun further out of control, drinking to excess every weekend and cutting school. Rachel had been twice suspended from Morris Catholic, once on the suspicion that she was drunk at a homecoming dance, the second time for skipping classes.
The couple also said their daughter stole money from them, sneaked out of the house on a weeknight to attend a party until the early morning hours and used a credit card to buy clothes for herself without permission. They said she was especially verbally abusive to her mother.
Still, they said they wanted their daughter to come home.
Bogaard last week refused an emergency order to require the couple to pay private school and college tuition for the teenager.
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