N.+Kasirer,+Note+Parental+Authority

- From articles 597 and 598 CCQ, one might think of the civilian concept of "parental authority" as authoritarian and hierarchical. - However, "parental authority" is now more parental //duty// than parental //right//. - Parental authority includes the "rights and duties of custody, supervision and education" (599 CCQ) - If the rights and duties are not performed, parental authority may be judicially removed (606 CCQ) for "a grave reason and in the interests of the child". - A parent may retain parental authority but lose custody of a child, in the name of best interests of the child. - Parental authority was historically wielded by the father, but is now shared equally by the two parents. Disputes on parental authority are settled in court. - Determining custody upon separation leads to the hardest parental authority questions. - What factors should a court weigh in a decision of custody? (Stability, contact with minority culture, economic issues, stimulation vs calmness?) - What weight should parents' decisions be given in relation to decisions by courts on social mores? ie: Could a parent be acting in the best interests of a child, though doing something not viewed as reasonable by society?