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Legal Information/ Legal Briefs

Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.


 


Legal Briefs 2022

  Month
Number
Legal brief
May
 5
Protection Orders: A Tool for Protecting Victims of Spousal Abuse During a SeparationThis hypelink opens a PDF file in a new window.
Are you experiencing emotional abuse or excessive control from your partner and fear their reaction if you leave them? more
April
 4
Applying for a Canadian Passport for a Child — What if One Parent Cannot be Located?This hypelink opens a PDF file in a new window.
Sarah has sole custody of her daughter Rosalie, who is 8 years old. At the time of their separation, Rosalie’s parents had gone before the Superior Court to obtain a judgment granting Sarah custody of Rosalie, and the father had been granted access rights.

Rosalie has not seen her father for the past four years. Since her father is rather nomadic and doesn’t even have a social media profile, Rosalie’s mother has no idea how to find him.

Sarah wants to go to Walt Disney World with her daughter. As the applicant and as Rosalie’s parent, Sarah must therefore complete and sign the Child General Passport Application. However, there is a problem: the signature of the “other parent” is required in order to obtain the child’s passport.

What steps can Sarah take in such a case?

There are a few options:
  • She can apply to the court to have one of the attributes of the father’s parental authority withdrawn.
  • She could also go to court to ask that she be allowed to sign the passport application alone and be able to travel alone with her daughter Rosalie, without the father’s permission.
  • Given the particular circumstances of this case, she could also apply to have the father be deprived of his parental authority.

Prior to taking such steps in court, Sarah will require the authorization of the clerk in order to be able to use a special mode for serving her legal proceedings, given that she does not know where the father is.


To find out more about such applications and the criteria for initiating proceedings for the partial withdrawal of the attributes of parental authority or for the deprivation of parental authority, don’t hesitate to contact one of the lawyers practising family law at a legal aid office in your area.

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Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you.

To find the contact information for your legal aid office, please visit our website at www.csj.qc.ca.



Legal brief *
April  2022
Number  4
Text prepared by   Me Jessica Boucher-Tremblay
Update by   CSJ
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
March
 3
Breaking and enteringThis hypelink opens a PDF file in a new window.
Remy and his friends decide to meet in an old dilapidated building to party. They climb the fence, rip off the plywood covering the door and party into the wee hours of the morning. 


The next day, Remy and his friends are awakened by the police who had been alerted by the neighb
more
February
 2
Protection orders in civil mattersThis hypelink opens a PDF file in a new window.
Since January 1, 2016, individuals whose life, health or safety is threatened have had access to a tool to protect them—a tool that is still not well known or understood: the protection order. This tool is even more relevant in the current context where there is a growing social awareness of the imp more
January
 1
Abuse of Vulnerable PersonsThis hypelink opens a PDF file in a new window.
With the aging of our population, the abuse of elderly and vulnerable individuals is undoubtedly an extremely important societal issue. It is essential that safety nets be put in place in order to prevent abuse and to be able to identify who the victims might be so as to intervene in order to protec more
 
© Commission des services juridiques Création: Diane Laurin - 2017