Deprivation of parental authority

Deprivation of parental authority is a court decision that deprives a parent of his or her parental authority over a child.

Grounds for depriving a parent of parental authority

The court can deprive a parent of parental authority, in whole or in part, on several grounds, for example if the parents fails to provide for: 

  • the child's material needs, for example by failing to pay child support or buy clothes;
  • the child's emotional needs, for example by failing to hug the child, give presents or communicate with the child;
  • the child's moral needs, for example by striking or humiliating the child.

Effect of a deprivation of parental authority

A parent who is deprived of parental authority loses his or her rights with respect to the child, but keeps his or her obligations. In other words, the parent remains responsible for:

  • contributing to the child's needs;
  • continuing to pay child support.

 The child retains his or her rights, and in particular the right to:

  • inherit the parent's property;
  • bear the parent's name, except if the other parent applies for a change of name.
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