Can parental authority be withdrawn?
Whatever is the status of the parents; those exert the parental authority jointly since filiation is established.
Scope of parental authority
The parental authority represents all rights and duties of the parents in charge of minors. This authority is exerted jointly and with equal shares by the father and the mother.
It meets three major interests:
- The morality of the child.
The main duties of parents are to take care of him, educate and respond to his needs. They enjoy in compensation for ownership and in management of his property.
Parental authority under control
Parental authority can be controlled if the parents are unable to care for their child without assistance. In some extreme cases, it can also be removed.
In case of control, parents retain parental authority, but it is limited to certain rights and duties, and they are assisted in their child’s education.
According to the gravity of the cases::
- The child may receive educational assistance decided by the juvenile judge;
- Parental authority can be delegated, for a given period, a specialized agency or social services;
- The child may be placed in a third-person on an interim basis: he will be responsible for managing issues of education and the child’s daily life.
Withdrawal of parental authority
The parental authority of one or both parents may be withdrawn by a judge, temporarily or permanently, in the following cases:
As a result of a criminal procedure if:
- The child is victim of a felony or a crime committed by his or her parents;
- One of the parents is victim of a felony or a crime committed by the other parent;
- The parents are condemned to have made a serious offense or a crime in collaboration with their child.
As a result of a civil procedure if:
- The child is in danger physically or morally because of the violence of his parents, excessive alcohol or drug consumption or for any other reason;
- The child suffers from absence or lack of care;
- Parents have no relationship with their child placed in care for a period longer than 2 years.
After a period of 1 year from the withdrawal of parental authority, the parents can seize the judge in order to find, according to the cases, whole or part of their rights.