What are the consequences of losing your parental authority? How to recover it with a lawyer?
The best interest of the child is a sacred principle of Quebec law . When the well-being of the child is compromised by the actions or omissions of one of his parents, there is sometimes a need to proceed with the removal of the latter's parental authority. This is a legal mechanism that allows to remove all decision-making power from a negligent parent towards his child in case of serious reason.
If you find yourself in such a situation, it means that the situation is serious and only a significant change in circumstances will justify restoring your authority. Here is what the appeal for the loss of parental authority consists of and the ways to recover it through a lawyer.
What is parental authority?
Parental authority represents both the rights and obligations that are attached to being a parent of a child. These persist from the day the child is born until the day they reach the age of majority and it is the parents who jointly exercise the powers attributed by law.
Regarding obligations, parents are required to maintain, educate, supervise and feed their children as well as ensuring they are in safety. The fact that the law considers these aspects as obligations ensures that a parent can be stripped of their authority in case of failure to meet them.
These obligations, however, have a corollary, namely the right to make decisions about the child's education, religion, and especially about the child's health care. Moreover, these decisions must be made by both parents in mutual agreement. Should an agreement be impossible, the parents can resort to the court to settle the dispute.
Who makes the decisions concerning the child in case of separation? When parents are separated, this does not change the fact that they exercise joint parental authority, regardless of which of the two has sole custody, if that is the case.
Parental authority is a duty that can be delegated! Indeed, reality obliges, parents cannot spend all their time with their children. That's why they have the right to delegate some of it, especially in terms of supervision (guardianship) and education (when children go to school).
Given such fundamental rights and obligations, what justifies the loss of parental authority?
Under what circumstances can a parent have their parental authority removed?
Let's mention right off the bat that stripping a parent of their parental authority is an extremely serious and grave act. That's why it will take more than a simple failure to order such a loss, the law generally recognizing that the child's best interest is to remain under the authority of their parent. This principle has its limits, however, and two criteria must be met to achieve the loss of parental authority.
The existence of a serious reason is the first among them. In such a context, the serious reason has been equated to various situations of abuse, neglect, violence, sexual acts as well as the abandonment of the child by the parent. The safety of the child must therefore be compromised by the parent's actions.
The removal must also be in the child's interest. The serious reason alone is not enough if a judge considers that it is not in the best interest of the child to pronounce it. The assessment of such interest considers in particular the child's physical, moral, emotional, and psychological needs.
A judge who is of the opinion that these criteria are met will have no choice but to pronounce the removal of parental authority. The removal can be either partial or complete depending on the severity of the parent's actions.
The consequences of the loss of parental authority!
On the side of the parent stripped of their parental authority, the consequences are heavy. However, it should be mentioned that if a parent loses rights during the loss of parental authority, they do not lose the obligations resulting from their status as a parent. They remain obligated to contribute to the child's needs by paying child support to the person who is in charge of them. For this parent, the following rights are lost until they have regained their authority.
Loss of decision-making powers regarding the child. The stripped parent loses all power in relation to decisions concerning the education, maintenance and supervision of the children.
Maintenance of financial obligations. The parent stripped of their authority continues to pay child support and to pay to meet the child's needs, without being able to make decisions concerning them.
Possibility that the children may be adopted. This is subject to the presence of another parent, of course. In the case where both parents are stripped of their authority or should there be only one surviving parent who is stripped, the possibility of seeing the child adopted is very real.
Loss of heir status. Parents are the heirs of their child, except for contrary provisions in a will. The parent who loses their authority loses this privilege.
On the child's side, the loss of parental authority does not result in them losing their parent's family name, but they now have the right to request a name change. They also retain the right to inherit from the stripped parent, but their obligation to assist this same parent ceases.
Do you not want to live with consequences as heavy as these? Your best chance of making amends can be found with a lawyer specialized in family law . It's up to you to act now to repair the damage
The conditions to regain your parental authority with a lawyer
Second chances are not unfamiliar to Quebec law. That's why the law allows the deprived parent to request to regain their parental authority, but only when they can justify a significant change in their circumstances.
This implies that the deprived parent will have to convince the judge that the problems that prevented him from adequately fulfilling his parental obligations have been resolved. It will be up to this parent (accompanied by his lawyer of course) to convince the judge that the resolution of his problems now allows him to fulfill his parental duties adequately.
It must be in the child's interest to reinstate parental authority! Keep in mind that in family matters, the judge makes his decisions based on what is best for the child, and not for the parent, even if he is on the path to redemption.
The request to regain parental authority must be filed before the child is adopted! As explained, the loss of parental authority of both parents implies that the child in question can now be adopted. The parent who wishes to regain their child must therefore initiate their request before an adoption judgment is pronounced.
Contact JuriGo to meet a lawyer specializing in family law!
Do you believe that your circumstances have changed enough to justify the recovery of your parental authority? It will be up to you to demonstrate this with the help of a family law attorney. Everyone has the right to a second chance and you are no exception to this principle.
To assert your case in front of a judge and try to regain the parental authority you are deprived of, contact JuriGo now to be referred to a competent lawyer.
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