Understanding Parental Authority in Legal Matters
According to the Civil Code parental authority refers to all the rights and duties of parents, responsibilities that serve the interests of their children. It is a privilege with many implications. How to exercise this power without harming the well-being of the child? Let’s shed some light on the ins and outs of parental authority.
What is parental authority?
Parental authority corresponds to all the rights and duties of parents towards their children. It protects the child from a health and moral point of view.
Parental authority supports the child’s education. It guarantees his physical and psychological development.
The parents exercise joint parental authority. However, depending on the context, the judge may decide that the mother or the father have exclusive parental authority .
What are the rights and obligations of parents in parental authority?
The parents have the right and duty :
- of custody ;
- of security ;
- of health ;
- of education ;
- of physical protection ;
- psychological protection;
- food;
- maintenance of their children.
Parental authority gives them the power to make decisions regarding the welfare of their children. These privileges imply the animation of their spiritual life, the development of specific beliefs, the choice of the place of residence and the school. Depending on the child’s level of maturity, he or she can express an opinion on measures that affect him or her.
Separation of parents, what happens to parental authority?
Despite their separation, parents retain their power. Depending on the situation, parental authority undergoes some changes.
Which parent makes the decisions?
In the event of divorce,parental authority remains with the parents. Even with sole custody, they retain their ability to make decisions. The parent who has lost custody always has a say.
Divorce in parental authority results in subtle changes in the regime. The parent who has left the family home exercises his or her authority from a distance. Therefore, the new situation implies an upstream consultation of both parents in order to find common ground before each new initiative.
What to do in case of quarrels in the decision making process?
3 factors generate tension between the parents: an inability to agree, an abusive parent who imposes his decisions and a parent who cuts off all communication.
The oppressed parent then seeks a judge. The judge will make the final decisions concerning the children. The judge can even take away the abusive parent’s parental authority.
Furthermore, the new spouse of a parent has no parental authority over the child or children.
Is it possible to delegate parental authority?
The delegation of parental authority is one of the privileges of power. A parent can transfer all or part of his or her authority to a trusted third party. However, the power is limited in time and ends when new circumstances arise.
The following are authorized to delegate parental authority: a family member, an approved foster home, a trusted relative approved by the children’s judge and the departmental child welfare service.
Hospitalization, imprisonment, illness, and disagreement are often the reasons for delegation. The child or children are not obliged to live with the new guardian. They can stay with their parent and still benefit from the help of the third party. Seek the help of an expert family law attorney for this type of dispute.
Who has parental authority when a parent dies?
During his or her lifetime, the parent appoints a guardian to look after the children in the event of death. The decision is recorded in the will or proclaimed by special declaration before a notary.
There are two possible situations. On the one hand, both parents have exercised parental authority. The survivor then becomes the sole and legal administrator of the children.
On the other hand, the death of both parents opens the tutorship. However, the family has the right to object to the guardianship if it is detrimental to the welfare of the children.
If there is no guardian, the guardianship judge gathers 4 to 6 close family members around a family council. The meeting will result in the choice of guardianship and the management of the children’s property.
What are the limits of parental authority?
Parental authority can be summed up in 3 principles: the maintenance, education and protection of the child. When does it end?
As a general rule, parental authority ends when the child reaches the age of majority. There are exceptions to this basic rule. The emancipation of the child puts an end to parental authority, as does the delegation of parental authority.
In exceptional cases, a judicial decision to withdraw parental authority removes the privilege of both parents.
Withdrawal of parental authority
Ill-treatment, moral pressure, mistreatment, violence, misconduct, lack of care, material abandonment and emotional abandonment are the reasons for the withdrawal of parental authority.
The decision is made by the Justice. It will therefore organize the custody of the children, the amount of alimony and the exercise of visiting rights. The judge can entrust the power to a single parent. However, the parent who is removed from the court retains his or her right to visit and accommodate the children, unless there are serious reasons for doing so. Despite his removal, he can always ask for his authority to be restored. He will then have to bring the evidence justifying his request.
The withdrawal can be total or partial. In all respects, the purpose of the withdrawal is to safeguard the safety, morality and health of the children.
