Monday, May 10, 2010

When a parent terminate parental rights, can the child sue to regain them/receive financial support in Canada?

Is it possible when a parent terminates their parental rights when the child was a minor (and not consulted), for the child to come back as an adult and sue for financial compensation or child support?





In Canada the part must provide funds until a child is 25 for reasonable post secondary education. So could the child sue/appeal and decision and pursue compensation for school?When a parent terminate parental rights, can the child sue to regain them/receive financial support in Canada?
All I can offer is a comparison with the US.


A parent does not terminate their rights. Only COURTS can terminate parents rights, for good reasons.. and, the fact of rights being terminated IS NOT the same as a parent being relieved of child support obligations. If a court orders support.. then that order remains in effect until the court says otherwise.. most often, in cases of a stepparent adoption. In that case, the stepparent has assumed the responsibility of support for the child.


A child is not consulted about such court decisions. In addition.. child support is NOT paid to the child, but to the other parent, for support needs. In most cases, it lasts until the child is 18, UNLESS specifically requested/agreed, and the court agrees with that order. Since child support goes to the PARENT, NO child has authority to come back to file against the parent for current or back support. It might be common in Canada for support to be ordered to age 25.. I think here it would be nearly non existant.


You would have to talk to a lawyer who knows law in Canada. I personally cannot imagine a court having the authority to re-declare someone a parent, and impose support obligations after the fact.When a parent terminate parental rights, can the child sue to regain them/receive financial support in Canada?
In Canada, parents are responsible for any minor children and, in some circumstances, adult dependent children. Parents do not terminate their responsibilities.
  • makeup class
  • No comments:

    Post a Comment