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Have you ever heard of the emancipated minor? In Quebec, a minor may apply alone for the emancipation. There are two types of emancipation; full and simple. But what is it exactly?
It must be noted that in the case of simple emancipation of a minor child does not put an end to his minority statute nor does it confer him all the rights resulting from the majority, but it releases the minor from the obligation to be represented for the exercise of his civil rights.
Simple emancipation can be rendered by the Tribunal or by filing a declaration to the Public Curator.
The emancipated minor child can choose his own particular home because it ceases to be under the authority of his father and his mother. The emancipated minor child may also sign a lease of up to three years. In fact, emancipated minor child can only do acts that are described as “simple administration”. For every act beyond simple administration, the emancipated minor must be assisted by her parents or guardian. For example, to renounce a succession, the child must be assisted.
In the event that an emancipated minor child committed an act without the assistance of his guardian, this act can be annulled only if the child suffers a prejudice. What about the full emancipation? Full emancipation is obtained by a marriage or a Court motion. Remember that to get married, a child must be 16 years old and obtain the consent of both parents.
The minor child can also request a full emancipation by a court motion. However, the Court may only grant full emancipation to the child for serious reasons and only in the child’s interests.
In such a situation, the Court will consider the opinion of the child’s parents or any person who has custody of the minor.
Unlike simple emancipation, full emancipation makes a minor capable of exercising certain civil rights, including those set out in the Civil Code of Quebec as if he was an adult. A fully emancipated minor child may claim support from his parents. Nevertheless, that fully emancipated minor child does not get the same rights as an adult. Indeed, the emancipated minor cannot vote or be allowed in bars or purchase items reserved for 18 and older.
For more information regarding simple or full emancipation, the legal remedies to seek emancipation, the acts of simple administration, the effects resulting from human emancipation or for serious reasons to ask for full emancipation, please contact us.
Drolet Pigeon avocats Inc. may also represent minors who wish to become an emancipated minor, simple or full.
Text written by Me Virginie Damien
