Important decisions concerning the children must be made by the TWO parents, regardless of the mode of custody that exists (shared custody, sole custody). For example: education, place of residence, medical care, religion, choice of school are all elements included in parental authority. If a parent decides to exercise parental authority unilaterally without the consent of the other parent, the other parent may apply to the court for an order to vary the decision to which he has not consented. The court will then make the decision that is in the best interest of the child.
We represented the father in this case where the mother had sole custody of the children and the father had access rights every second weekend. While the father went to the childcare center to pick them up and start his access rights, it was announced that the children had changed schools and were no longer serving. on duty for three days. The father was stunned because he had no idea where the children were and at what school they had been changed since it was done without his consent. The mother had therefore not respected the father’s right to parental authority. Continue reading “Trial won after a change of school without the consent of the other parent”
-2015: A father who was represented by our firm’s family lawyer had total custody of his child. He applied his parental authority by having his child change schools. The mother submitted a request to the Laval court so that the child would return to the original school. The Judge agreed at the interim stage that the child should stay at the school chosen by the father out of consideration for the stability and best interests of the child.
Parental authority is the power of parents to make all the necessary decisions concerning the children’s well being. It also includes all their duties towards the offspring. Education, housing, medical care, daily care, physical and psychological care and the child’s protection are all items included under parental authority.
Generally, parental authority is jointly exercised by both parents, regardless which one has custody of the children. However, this rule does not apply when a parent has lost parental authority.
Loss of parental authority can be obtained by a family lawyer by means of a request submitted to the court. Allegated reasons can vary: prolonged absence of a parent from the life of a child, endangering a child, sexual abuse and others. The court may also be appealed to in order to settle a significant decision such as the choice of schools, of care provided, of religious practice, without otherwise affecting the parent’s parental authority.