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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Diane and Vince are separated and have a 13-year-old daughter, Ysa. A Family Court order grants Diane sole Parental Authority over Ysa due to concerns about her welfare. Ysa has been invited to participate in a 3-month international science and culture program in Sweden that requires parental consent. Diane signs the consent form for Ysa’s participation. Vince objects, arguing that both parents must decide on Ysa’s major decisions. (a) Who has Parental Authority to consent to Ysa’s participation in the program, and why? (b) Is Diane’s consent valid for Ysa’s travel abroad under the Family Code? (c) If Vince seeks to modify the order so that he also has a say in Ysa’s major decisions, what remedy or procedure does the law provide?

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Vince’s consent is not needed if the activity lasts less than six months and involves cultural exposure only. The host organization may determine consent if it deems the activity beneficial for Ysa, independent of parental authority. Diane has sole Parental Authority to consent to Ysa’s participation because the court awarded her sole PA for welfare reasons. Diane’s consent is valid only if Vince has no right to information about Ysa’s activities.

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