Ministère de la Justice
Parental authority refers to all of the rights and duties that parents have regarding their child from the time of its birth, regardless of the parents’ civil status. Among others, parental authority includes:
Parents also have the right to be respected by their child.
Parents exercise parental authority jointly. Exercise of parental authority can, however, be modified in the following situations:
The court may also review the parents’ decisions, if warranted by the circumstances.
Parental authority ends in the following situations:
Separation Parents continue to exercise parental authority after a separation. However, the custodial parent exercises this authority on a daily basis, while the other parent’s exercise is generally more limited.
The non-custodial parent retains, in particular, the right to be involved in the child’s safety and education, and is obliged to support the child in proportion to his or her financial resources. In addition, the non-custodial parent must be consulted when important decisions are made, such as those concerning medical treatment and religious practices.
Deprivation of parental authority The court may withdraw parental authority from one or both parents if warranted by serious grounds and the interest of the child. Serious grounds may be:
A deprived parent loses his or her rights respecting the child, but must still assume most parental duties.
A deprived parent is not required to pay support, unless:
The child retains all rights regarding filiation with the parent.
The court may also withdraw only one right or attribute of parental authority, such as custody, supervision or education.
Lastly, the court may designate a third party to exercise parental authority or assume the attribute or right that was withdrawn. The court may also appoint a tutor if required in the interest of the child.
Any parent of a minor child.
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