What Are The Legal Remedies Related To The Parental Responsibility Act - youngparents.net

What Are The Legal Remedies Related To The Parental Responsibility Act

parental responsibility act

The Parental Responsibility Act was introduced in Canada in 2006. This Act was put in place to give protection to children and families from unscrupulous people who may use their innocence and vulnerability to gain the financial and personal benefit of others. There are several provisions under the Act that help protect children. Some of the provisions deal with parental responsibility, while others deal with criminal records of individuals.

About Parental Responsibility Act

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The sections that pertain to parental responsibility act as follows: a. No person, while being granted custody or care by any parent, is to be held guilty of neglect or abuse of the child contrary to law unless proof can be produced beyond a reasonable doubt that the accused is guilty of that charge. B. No parent who has granted custody or care to the child contrary to the law and has not abused or neglected the child within a reasonable period of time after the granting of the custody order is liable for civil damages for any action taken against the child by any other parent or the state. C. If a child has been maltreated or subjected to unnecessary pain or suffered neglect or emotional abuse, the accused parent is liable for the same.

The Parental Responsibility Act also contains sections that deal with educational records and history of a child’s early education. The records include all of the child’s books, letters and other documentation that relate to the educational experiences of the child. C. No later than the age of six weeks after the giving of a conditional adoption order to an adopted child, the biological parents of the child must provide to the Social Development Organization or SDA all necessary medical records relating to health and development of the child. D. A biological parent of a child who is prohibited from receiving or possessing a firearm is required to obtain a firearm permit from the SDA within six months of the conviction of the offence or else be in violation of the provisions of the Criminal Statute on Firearms.

What Doesn’t Come In Parental Responsibility Act?

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The Parental Responsibility Act does not apply to an adopted child. E. Where a child has been removed from the home of either or both parents and has been placed in the care of someone other than a parent, that person is presumed to have the parental responsibility for the child. (f) In the case of a parent being dead, the court may order another person to assume the parental responsibility. (g) Where a child has been removed from the home of an elder parent and is living in the same household with an older child, the court may order that the younger child be kept away from the older child. (h) The court may also make exceptions to the parental responsibility rule where it is obvious that one or both parents would be unable to care for their children adequately.

The SRA requires that the court ask each parent questions relating to the day to day supervision of the child and the conditions under which the child was present and/or participated in the property loss. The court may question each parent about whether or not he or she exercised reasonable supervision over the child on the specific dates set forth in the order. The court may question the presence or absence of the child at any time during the relevant time period. The court may ask questions regarding the child’s whereabouts on weekends and holidays. Furthermore, the court may question each parent about the amount of time the child spent with each parent and during which periods the child was absent.

Action Brought Under This Act

In an action brought under this act, the court may ask questions regarding the extent of financial support provided to the custodial parent. The court may also ask questions concerning the extent of access the non-custodial parent had to the child in the course of the day to the extent the other parent obstructed the custodial parent from providing the necessary supervision. Further, the court may ask questions regarding the provision of money for the support of the child or the provision of adequate medical care. Finally, the court may ask each parent to provide evidence concerning the amount of time the child spent residing with the non-custodial parent and whether the child received adequate educational support.

An action brought under s. 2 of the Parents’ Responsibility Act may be brought against a person other than the parents, who has caused a property loss or a disturbance by way of the action. If one parent’s negligence causes a property loss or if a parent knowingly or negligently causes a disturbance, the law allows the parent or parents to be held responsible for the payment of any appropriate compensation to the aggrieved party. Similarly, if one of the parents causes damage to another person’s property, the parent may be held responsible for repairing the damage and may be ordered to pay appropriate compensation to the aggrieved party.

Final Thoughts

A child is innocent until proven guilty in a criminal case. Thus, it becomes necessary to hold parents responsible for their actions when children are involved. In such a situation, the Parental Responsibility Act gives the courts the power to order perpetrators of serious child abuse to compensate the victim for their losses and for medical and emotional support for the victim. Also, if the perpetrator is found not guilty as a result of a criminal investigation, an order may be made in relation to the property loss.

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