Legal Question in Family Law in Canada

Parental Rights

Can a parent emancipate or give up any and all rights to a child if that child and parent have never had a relationship.


Asked on 4/22/09, 11:01 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Parental Rights

This question shows a misunderstanding of the nature of the parent-child relationship and rights. The rights are mostly that of the child; the right to support from the parents, the right to know and be guided by the parent, and so forth. While the parent does have some rights, the parent by and large has obligations to the hcild. these include the obligation to support and guide the child, and if the other parent has prevented a relationship, then to try and force it; if the other parent has not prevented a relationship from growing and the parent who has never had much of a relationship has not tried to pursue a relationship, then that parent has not carried out his duties as a parent. If the parent has not got much of a relationship with the child, why has the parent not pursued a relationship?

In British Columbia, while under some, quite rare, circumstances a child may obtain a Court Order declaring the child to be an independent adult before attaining the age of majority (the term "emancipation" is not a legal term known to Canadian law in the parent-child context) , the parent can not cancel the relationship.

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Answered on 4/22/09, 8:53 pm


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