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Cj2i3 said:

That's how it is now, if the other family wanted to they could also sue the living crap out of the kids family and have a good chance of winning.


They wouldnt win.  A child under the age of 7 has been found incapable of understanding and commiting a "illegal" act.  It would probably be thrown out.

That said, they probably could sue the school for allowing this "heinous" act to occur.  Tho it appears that it was not an unwanted act.