Spunt & Carin

 Let’s Talk Religion Despite the fact that religion can be a sensitive topic in our society, and specifically in a secular province, it is no less true that Quebec has always welcomed people from different cultures and practicing different religions. Article 3 of the Québec Charter of Human Rights and Freedoms states: Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association. [Emphasis added] Under art. 601 of the Quebec Civil Code, parental authority includes custody, supervision and education of the child. According to case law, religion is part of a parent’s education of his or her child. In the event of separation, parental authority continues to be exercised by both parents. Where there is opposition, the Court may be called upon to rule on the matter, a decision that will be taken in the best interests of the child. In Young...

In a very unfortunate case, a young Inuit woman endured 10 years of neglect in an unaccredited foster family that she was placed in. Within her foster home, she was subject to a lot of violence and substance abuse. The Director of Youth Protection failed to provide her with follow-up and support, which resulted in her being forced to live in a harmful environment without intervention for 10 years.   It is becoming more common for Quebec judges to acknowledge the violation of children’s rights by social services within youth protection programs. Usually, when children’s rights are violated, the judge will order to change the foster family, to increase child support or even impose that the child be seen by a psychologist. In this particular case, the woman’s attorney decided to set a precedent. She asked for compensation from the DYP. Her attorney did not want to go through a long and costly lawsuit for damages, so she asked for the compensation directly within the Youth Division. ...

  Getting a divorce can be difficult and one of the things that can complicate it even more is dealing with the custody of children. Both spouses want to spend as much time with their children as possible. They both may want physical custody of their children and this legal war is usually what lengthens the process. If you are a parent who has filed for a divorce, you may have questions about child custody and the laws, which is why we, at Spunt & Carin, will address all your queries in this post. After all, the right child custody information may help you make a strong case and win child custody. Frequently Asked Questions 1.What Is the Difference Between Physical and Legal Child Custody? Physical custody is basically where and with whom the child lives, whereas legal custody is the ability to make important decisions on behalf of your child. It should be noted that a parent can have legal custody without physical custody or vice versa. You should consider all the options of c...