A month and a half after his conviction by the Tarn Assize Court for the murder of his wife, Cédric Jubillar was deprived of his parental authority. What does this total withdrawal mean? Maître Carine Carrillo, lawyer, explains to us what this means for him and his two children.
Cédric Jubillar lost his parental authority
Just a few weeks after his conviction for the murder of his wife, Cédric Jubillar was deprived of his parental authority. This decision, rendered by the Tarn Assize Court, concerns his two children, Louis Jubillar and Elyah Jubillar, aged 11 and 6. Both will be looked after by their maternal aunt, who will be responsible for their education, health and schooling.
Concretely, this judgment now prevents Cédric Jubillar from intervening in the daily lives of his children.
A verdict based on article 378 of the Civil Code: any parent convicted of the murder of the other parent is automatically deprived of their parental rights, unless there is a specially motivated decision to the contrary.
“The loss of parental authority paralyzes certain rights and duties of the parent.confirms Maître Carine Carrillo, lawyer in Cannes. “Indeed, according to the Civil Code, parental authority can be withdrawn totally or partially in the event of conviction for a crime.”
What if the parent appeals their conviction? “In this case, this measure may be provisional.” she specifies.
What this means for his children
In fact, a deposed parent no longer has custody or accommodation rights and no longer legally represents their children. “A visitation right may however be granted, in a supervised establishment, with the presence of a third party”, the lawyer further specifies. This measure mainly concerns situations where the child has been put in danger, psychologically or physically.
In the Jubillar case, the accused has already “appealed” his conviction, but the civil aspect of the case, relating to parental authority, seems to have been resolved.
“It’s important that he can no longer interfere in the lives of children”declared Me Malika Chmani, one of the children’s lawyers. “It’s a logical decision.” For “a father who killed their mother (…), who exerted physical violence on Louis, psychological violence on Elyah, who made no effort to have regular ties with his children and who above all never questioned himself”she added.
Is it possible to recover your rights as a parent?
It is sometimes possible to show that, despite aggravating circumstances, the parent is acting in the best interests of the child. In this case, a partial or total revision of rights may be considered. The deposed father must then make a request to this effect.
“It also happens that a parent completely regains their rights. For example, if a former alcoholic parent has shown will, shows that he has withdrawn, and that there is still love, then there is a possibility, despite the circumstances which generated this withdrawal, that this recovery is carried out”, admits Master Carine Carrillo.
But if this reintegration of parental rights remains possible,
“she remains exceptional”, specifies the lawyer. The parent must in fact be capable of ensuring the safety and good development of the child. Which, in this case, seems unlikely.
Since the verdict, Louis Jubillar says he is relieved by his father’s conviction. Convinced that the latter “is responsible” of his mother’s disappearance, he has already asked to take his mother’s name.