Deprivation of parental authority – Is it possible to prevent the mother of your child to assume her parental responsibility?

//Deprivation of parental authority – Is it possible to prevent the mother of your child to assume her parental responsibility?

Deprivation of parental authority – Is it possible to prevent the mother of your child to assume her parental responsibility?

Introduction

The deprivation of parental authority is a sanction pronounced by the Court that states the loss of all the attributes of the parental authority when the interest of the child justifies it. For example, a parent may be deprived of parental authority in cases of abandonment, brutality, violence or sexual abuse. When a parent is deprived of his parental authority, he loses all his rights to his child, but he still has an obligation to pay child support. Imprisonment is not a sufficient reason to order the deprivation of parental authority.

Facts

Émile is a waiter at “Pizzaletta” a resto-bar located in Laval where Rachel is a usual client, that’s where they met and they fell in love. After two years together, they decide to expand their family. It was in November 2016 that Lucie was born. Six months after the baby was born, the couple started having problems. Rachel was insulting Émile aggressively and she was not a good mother to Lucie. Emile was discouraged by Rachel’s behavior and left with the child. Just a few days after the separation, Rachel stole a large amount of money from Emile in revenge, and so, he decided to sue her. Unfortunately, Rachel was acquitted of the charge against her. It was at this point that Émile did a request to the Tribunal to deprive Rachel of her parental authority or to have exclusive custody of Lucie and that the right of access be denied to the mother. In support of his request, Émile mentioned that Rachel never payed child support for Lucie, that she never took an interest in her and never looked after her education. In addition, he adds that Rachel has already been violent towards him and is very controlling. Rachel challenges the deprivation of parental authority by saying that it is important for Lucie to have contact with her mother and she offers shared custody.

Arguments

The father wants the court to take away Rachel’s parental authority because she has a tendency to be violent and is not an exemplary parent for Lucie. On the contrary, Rachel believes that it is important for Lucie to maintain a bond with both her parents and that she should have shared custody with Émile.

Consequence

In this situation, although many reproaches are made to the mother and her behaviors are far from ideal, the deprivation of parental authority is not an appropriate sanction. These reproaches do not necessarily mean that the mother can no longer assume her parental responsibilities. It is important to mention that Rachel never expressed her desire to no longer be a part of Lucie’s life. She has been less present in her life in the past year because of her differences with Émile. In addition, the mother’s request for shared custody must also be rejected since she was not present in Lucie’s life for a long time and because she did not provide the necessary information of the environment that she will be offering to her daughter and of her personal situation. Moreover, since the relationship between Emile and Rachel is very tense, shared custody is not recommended. Finally, only access rights will be granted to Rachel.

By | 2018-07-18T20:28:27+00:00 July 11th, 2018|FAMILY LAW|0 Comments

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