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Can a Parent Stripped of Parental Authority Regain It ?
In connection with the reasons explained in the article The Revocation of Parental Authority, a court can decide to partially or completely strip a parent of their parental authority.
Once this revocation is pronounced, is it possible for the stripped parent to regain their parental authority? According to article 610 of the Civil Code of Quebec, a parent stripped or having one of the attributes of their parental authority removed can regain it if they demonstrate the occurrence of new circumstances.
What is a New Circumstance ?
Generally, the parent requesting the restoration of their parental authority has the duty to demonstrate to a court that the reasons for which they were previously stripped of their parental authority are no longer current. They must also demonstrate that they are now capable of fulfilling their parental duty and looking after the well-being of their child.
Partial to Complete Parental Authority
When a parent has been completely stripped of their parental authority, the restoration may not be total but partial. Indeed, the restoration may only concern certain attributes of parental authority, if the court is still not convinced that it’s in the best interest of the child to restore full parental authority to the parent.
The Consent of Both Parties
It’s also possible to request the restoration of parental authority by consent in case of agreement between the parties. However, this should not be initially revoked for reasons of heinous behaviors towards the child or for acts of violence.
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