While certain reasons seem obvious, especially in the event of mistreatment, there are less known circumstances which can lead to a loss of parental authority.
According to the definition of the civil code, parental authority is a set of rights and duties aimed at the interest of the child. It is exercised jointly by both parents, without physical or psychological violence, to the majority or the emancipation of the child and aims to protect him in his safety, his health, his private life and his morality, to ensure his education and allow his development. In certain circumstances, a parent may be granted exclusive parental authority. And, in much rarer cases, a parent can be removed from parental authority by justice.
The withdrawal of parental authority can only be decided by the judge in very specific and serious circumstances, for example if the parent was sentenced for crime or incestuous sexual assault committed on the child, or for a crime committed against the other parent. It can also be removed in the event of an offense committed on the child or the other parent. But it is not always necessary that the parent was sentenced by justice. For example, a parent can be removed from parental authority in the event of ill -treatment, excessive consumption of alcohol or narcotics or because the child witnesses violence or pressures exerted on the other parent.
In some cases, the judge may decide to allocate exclusive custody to one of the parents, for example in the event of a manifest disinterest in the child, which is considered a serious reason. Recall that both parents are held by law to make two decisions relating to the education of the child. It should then be demonstrated that the failing parent is not interested in important events in the child’s life: does not get involved in schooling, does not accompany him to his medical appointments, does not pay any alimony etc. But, as we know, the judge can also make this decision in a situation of “blockage” which goes against the interest of the child. One of the parents will “block” certain important decisions related to the child, concerning for example their education or health, to the point of prejudicing them.
Decisions that require the agreement of both parents are thus found in “suspense” because one of the parents refuses to decide, preferring to block the situation. Special situations that can occur within the framework of a conflictual separation. This refusal to make a decision, or a relentlessness to oppose the decision of the other parent, most often aims to harm him, rather than to the child. But it is unfortunately the latter who suffers from it, hence the final decision that can take justice.
Parental authority is not an absolute right: it is a responsibility in the service of the child. When one of the parents diverts this power, by negligence, violence or will to harm, justice can intervene. The goal is never to punish a parent, but to protect the child, to guarantee his balance, his security, his future. Because basically, it is not the conflict of adults who counts in the eyes of the judge, but the concrete consequences for the child.
