Law Column

October 2010 Law Column

FAMILY

Can a 14-year-old petition the court to change a custody agreement?

Etienne Ruel, lawyer


In a recent case, the Honourable Yvan Godin, S.C.J., had to rule on a petition filed by a 14-year-old seeking to modify his parents’ custody agreement. The teenager asked to be placed in the sole custody of his mother instead of the shared custody he had been in for the past three years.

 

The teenager’s mother chose not to petition the Court for sole custody in order to avoid allegations of parental alienation, and the child therefore testified in court and requested the change himself.

 

The law and caselaw stipulate that a minor must be represented by his/her guardian when exercising his/her access rights. Only in exceptional cases are minors authorized to seek remedy themselves.

 

The Court interviewed the teenager and concluded that he possessed a certain intellectual maturity, clearly understood the consequences of his legal action and demonstrated the ability to make his own decisions, since he had met with his lawyer four times and consistently expressed his wish to modify the agreement.

 

In light of the evidence that was presented and the singular nature of the case, the Court authorized the teenager to seek recourse himself to assert his rights and ask that custody be awarded to his mother. The Court was of the opinion that it was in the teenager’s interest to allow him to seek recourse, seeing as he was directly impacted by the custody agreement.

The decision was certainly an exceptional one. We are convinced, however, that it will become a judicial precedent for all family law practitioners who, to ensure that their clients are not falsely accused of urging their children to live with them, will now recommend that minors initiate proceedings to realize their interests.

 

LAW COLUMN 09/2014

FORMATION SUCCÈS-RELÈVE - Take the right steps to purchase a business

Did you know that there are many entrepreneurs who are just waiting for someone to take over their businesses? In fact, purchasing an existing company may make more sense than starting a new business. Have we piqued your curiosity? Do you want to learn more about taking over a business?

Read more...

Archives...

LATEST NEWS

September 2014

Relocation of the Boisbriand branch

Due to PFD's strong growth in recent years, it is with pleasure and pride that we announce the relocation of our Boisbriand branch which took place on August 22nd.

Read more...

September 2014

Swearing-in

The PFD team is proud to announce that Me Eloïse Pion was sworn in at a ceremony on July 30th at our offices in Boisbriand.

Read more...

September 2014

Annual conference of the FQM

Again this year, Me Daniel Goupil and Me Mathieu Quenneville of the firm's municipal law sector will speak at the annual conference of the Fédération québécoise des municipalités (FQM) in Québec, which brings together over 2 000 elected municipal officials.

Read more...

All the news...

 

© Prévost Fortin D’Aoust 2014, All Rights Reserved - Design RED l'agence

création web montréal

design web montréal