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Legal Ease
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Mother is asking to terminate all the fathers parental rights,

Resolved Question:

Mother is asking to terminate all the fathers parental rights, as well as change his last name, yet she is still expecting him to pay full table amounts and unreasonable section 7 expenses? Can he make a deal if she wants to terminate his rights, then he also wants his support obligations terminated.
Submitted: 5 years ago.
Category: Canada Law
Expert:  Legal Ease replied 5 years ago.

Debra Thal (username) :

He can make the deal but it won't be binding.

Debra Thal (username) :

Child support is the right of the child and the father cannot be released from the obligation from support unless the child is adopted by another father.

Debra Thal (username) :

It's not likely the mother will succeed in her attempt to terminate all access to the child.

Customer:

He is not exercising access currently. Recently she sent an agreement asking to terminate all parental rights and take a drastic reduction in table amount and no section 7's. If he signs it and the reduction in support is not binding, is the termination of all parental rights binding? Can he request that her boyfriend who has acted as the childs father for two years adopt the child? The child was 2 when he moved in with the mother boyfriend and the biological father vacated access. Child is now 4 and a half and biological father has not been present for 2 years.

Debra Thal (username) :

The father can ask the the boyfriend adopt the child. I've never heard of that being offered before but it's fine though highly unusual.

Debra Thal (username) :

There is no way to terminate parental rights unless the child is adopted.

Debra Thal (username) :

All agreements about kids can be varied because in the end all that matters is the best interests of the child and not what parents agree to.

Debra Thal (username) :

So, if the father wants to have access later on if he can convince the Court that's best for the child then a Court would allow access.

Customer:

So the agreement she sent is not binding to either party in respect to his parental rights or her support payments? But if both parties up hold the agreement and don't challenge it the courts will sanction 0 supports payments and the right for her to change the childs last name and have all say over his well being.

Debra Thal (username) :

The Court will not be involved at all if they come up with an agreement on their own.

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