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Everything about the Revocation of Parental Authority
What is Parental Authority ?
All parents are automatically granted parental authority upon the birth of their child, which consists of deciding on important matters concerning the life of a minor child, for example, education, place of residence, medical care, etc. Normally, parents exercise parental authority jointly.
In very rare cases and under exceptional circumstances, a parent can be stripped of their parental authority.
What is Parental Revocation ?
The parent must always prioritize the well-being and safety of their child, which is paramount in family matters. The parent who does not adequately exercise this duty can be stripped of one or all attributes of parental authority. When all attributes are removed, this is referred to as parental revocation.
How Can a Parent Be Stripped of Their Parental Authority ?
In very rare cases, a parent can be stripped of this authority when exceptional circumstances are met. That’s why it’s important to address the Court promptly, in the best interest of the child.
This revocation can only be pronounced by a competent court. When the judge rules in favor of this decision under article 606 of the Civil Code of Quebec, he must present in his decision serious reasons, such as abandonment, violence, presenting a problem of drug addiction, etc. In all cases, the child’s interest justifies this drastic measure.
How to Restore Parental Authority?
It’s important to note that this decision is not irreversible. A parent can take steps to regain parental authority. They must therefore convince the court that the behaviors blamed at the time of the revocation are no longer current.
Are you currently facing this situation or do you have questions regarding this article? Schedule an appointment to organize a one-hour consultation with one of our excellent lawyers specialized in family law and youth protection.
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