One of the most sacred rights of a parent is the right to a relationship with their child. Tragically, in some circumstances, a court may terminate a person’s parental rights.
If you were facing a proceeding regarding termination of parental rights in Toronto, contact a family lawyer at our firm immediately. You should also have experienced legal representation if you were seeking to terminate the parental rights of your co-parent.
Parents have the right to have a relationship with their children. Generally, this means the right to spend time with them. When a child’s parents live apart, in most cases, both have the opportunity for substantial parenting time as schedules allow.
Parents also have the right to make major life decisions for their child. These include consenting to non-emergency healthcare and determining whether the child will practice a religion and if so, which one. Parents also have the right to determine the language their children speak and guide their participation in cultural practices.
In some situations, child protection authorities or a co-parent may try to deprive someone of parenting time and decision making authority. Anyone facing a challenge to their parental rights should immediately consult an experienced Toronto lawyer.
Sometimes, situations occur in which a person wishes to voluntarily surrender their parental rights. This is possible, but a court will hold a hearing to determine whether there is a legitimate reason for the surrender. Courts will not accept a surrender of parental rights unless it is in the best interest of the child.
For example, if a couple had a brief relationship that produced a child, and the father pays child support but does not take an active role in the child’s life, if the mother marries and her spouse wishes to adopt the child, a court may accept the biological father‘s surrender of his rights. In this case, the court is likely to find the adoption by a loving stepparent serves the child’s best interests.
In contrast, if the biological father wishes to surrender his rights to avoid paying child support, a court is unlikely to find the surrender of rights is in the child’s best interests. A lawyer in Toronto could review a specific situation and advise whether an application for voluntary termination of parental rights is likely to succeed.
When a parent’s inability to provide a safe and wholesome environment for a child endangers the child, an involuntary termination of parental rights is possible under the Children’s Law Reform Act s. 28.. This is a drastic measure that courts are reluctant to impose. There must be clear evidence that terminating the parental relationship is in the child’s best interests.
Proceedings to terminate a parent’s rights are typically initiated only when the parent’s conduct puts the child in physical, emotional, or psychological jeopardy. Issues such as child sexual abuse, physical abuse, or long-term physical and emotional neglect could lead to a proceeding to terminate a parent’s rights. Note that terminating a parent’s rights is not an appropriate remedy for failing to pay child support.
In most cases, courts and social services organizations make multiple attempts to rehabilitate a parent before moving to terminate their parental rights. When these fail, a judge often orders an assessment to determine what action serves the child’s best interests. A Toronto lawyer could help a parent facing an action to terminate their rights prepare the most persuasive case possible to preserve their rights.
Most parents consider the right to raise their children as one of their most precious rights. Even so, there are situations where parental rights might be surrendered or terminated.
If you are faced with termination of parental rights in Toronto, contact one of the family lawyers at our firm for assistance. We are available 24 hours to take your call.
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