A father had his parental rights taken away due to domestic violence and child abandonment. His last name was even removed from the toddler’s birth certificate.
This recent Superior Court judgment summarizes the state of the law in Quebec and reminds us that the loss of parental authority is “an exceptional, radical and extreme measure” that should only be pronounced “in the most obvious cases.” But according to Judge Ian Demers, who signed the decision, violence and abandonment are “serious reasons” that justify it.
It was the mother who went to court in 2023 to request the loss of parental authority of her ex-partner, who is the child’s father.
Before the judge, she testified that during her pregnancy, and during the first years of their child’s life, Monsieur was violent on numerous occasions: he insulted her, denigrated her and shouted “constantly.” Not to mention that he also threw objects and hit walls and doors.
Worried about her safety, she returned to live with her mother. The violence did not stop, however, and took other forms, with the man even attacking two other people who shared his ex-partner’s life, the judge wrote in his decision. This led to Mr. being found guilty of harassing communications and death threats against his ex-partner, and then guilty of making death threats against her new partner.
There are many types of misconduct that can result in the loss of parental authority. Domestic or marital violence is one of them, the judge said, noting that this ground was recently added to Article 606 of the Civil Code, in line with the recent trend that recognizes that a child’s well-being is often a function of the parent’s situation and that domestic violence leaves its mark on the child, even if the child is not a direct victim.
“Although the parent’s conduct is at the heart of the analysis, the ultimate objective of forfeiture is to protect the child,” recalls Judge Demers.
The abandonment
Abandoning a child does not necessarily result in the loss of parental authority. However, two principles guide judges: it must be voluntary and significant.
Judge Demers then proceeded to assess the child’s situation and held that from the time of his birth, his mother took care of him alone, even though she was recovering from a difficult childbirth. The father was “minimal” involved in his life, and did not contribute financially to his needs either.
The man gradually lost interest in his son until he no longer had any contact with him after December 2019.
As for the child’s wishes, the judge notes that he has no memory of his father and has not even recognized him in a photo.
The reasons which justify the pronouncement of the forfeiture of Mr.’s parental authority also justify authorizing the requested change of name, adds Judge Demers.
He notes, however, that the loss of parental authority does not break the bond of filiation and that the father remains required to provide financially for the child’s needs.