Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

THE FAMILY 125
364 Withdrawal entails partial loss of the right to parental
authority; the loss is restricted to the attributes specified by
the court.
The father or the mother retains authority over the child
and exercises the attributes of that authority consistent with
the application of the measure ordered by the court.
Withdrawal affects only the child with respect to whom
the application is made.
365 The child retains all his rights with regard to that parent
who has been deprived of authority or whose rights have been
withdrawn.
366 A parent who has been deprived of his rights, or some of
whose rights have been withdrawn, may have all or some of
the rights which had been withdrawn from him restored,
provided he alleges new circumstances, subject to the provisions
governing adoption.
367 If the health, safety or development of a child is in
danger, or if the conditions of his education are seriously
compromised, the court, either proprio motu or on a motion
submitted by the child alone or by any interested person
including the Minister of Justice, may order all protective
measures deemed appropriate, even during the proceedings.
368 The court must keep the child in his family home, to the
extent that this is possible.
If the child must be removed from his home, the court
may entrust him to the parent who did not have custody of
him, to a member of the family, to a trustworthy third party, to
a foster home, or to a reception centre.
369 Whenever any protective measure is taken with regard
to a child, the court appoints a qualified person or an
appropriate service to assist and advise the family of the child