Maternal love has its limits | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Separation or divorce > Maternal love has its limits

Maternal love has its limits

For most people, the holiday season is a time to come together and celebrate with family. For some, it's a joyous occasion, for others, it's a burden. But what if you had to endure the presence of your mother-in-law and her spouse all year round?

For most people, the holiday season is an opportunity to come together and celebrate with family. For some, it's a joy, for others, it's a burden. But what if you had to endure the presence of your mother-in-law and her partner all year round?

A couple who had two children stopped living together after ten years. The husband moved in with his mother and her partner, while the wife left the family home for a duplex, where each child has their own room. After agreeing to shared custody, the wife goes to court* and requests exclusive custody of their two children. She argues that the father's parenting abilities are inadequate.

Save... Make your cohabitation agreement between de facto spouses online

The judge recalls that the main conditions for shared custody are:

  • the best interests and stability of the child;
  • the parenting abilities of each parent;
  • the ability of the parents to communicate with each other and the absence of conflict;
  • the proximity or distance of the parents' respective residences.

The court, after a detailed analysis of the evidence, finds that although the father is a loving and attentive parent, he is unable to care for the children without his mother. Therefore, it concludes that the father's parenting abilities are deficient. The father's inclination to let his mother interact on his behalf and get involved in matters that clearly fall under coparenting has a direct impact on his parenting abilities. Therefore, the court grants exclusive custody of the children to the mother.

Judicial decisions regarding the custody and access of children are inherently discretionary and allow a judge to make a decision based on the best interests of the child.

During this holiday season, the teams at Notaire-Direct and ScriptaLegal.com join me in offering our best wishes and hoping that your family gatherings will be a source of joy, happiness, and love.

*C.A. 200-09-009644-177

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
The identification of a legal entity
Me François Forget - July 24, 2005
If a movable hypothec is registered under an alias, case law considers the error to be fatal.
Protecting your assets before declaring bankruptcy?
Me François Forget - March 22, 2007
Even though the company did not decrease its assets, it "weakened" it when it sold a tangible asset in exchange...
The cashing of a cheque with the mention "final payment"
Me François Forget - May 19, 2008
Cashing a cheque marked "final payment" can be liberating for the issuer, unless the recipient informs them that...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.