A father earning over $100,000 a year demands monthly payments from his sons starting at age 14, borrows $15,500 from them under false pretenses, then withholds their bicycles, computers and winter clothing as leverage. The judge declares she has never seen such a case.
A Case the Judge Had Never Seen Before
In the opening lines of her judgment, Justice Claude Dallaire is unequivocal: after many years on the bench, she declares she has never seen a case like this one. A father with custody of his three minor children, receiving child support from their mother, who nevertheless demands that his sons pay him a monthly sum — starting at age 14.
That is not all. This same father writes his children's résumés, helps distribute them, and encourages them to work part-time during the school year and full-time in the summer — despite the fact that both boys face significant learning difficulties. He then borrows thousands of dollars from his 14-year-old son, implying that the money will be invested for his future. Instead, he uses it to pay his own debts and everyday expenses.
At the time these events took place, the father was earning an annual income of over $100,000.
The Facts: A Troubling Timeline
February 2022 — The Children Move in With Their Father
In early 2022, X and Z leave their mother's home to live with their father and his partner G. By mid-June, Y joins them. The child support the father was paying the mother continues to be collected by the Support Payment Office — the parents arrange reimbursements between themselves.
From the moment the boys move in with their father, his partner takes charge: on the first of every month, she contacts the children to collect their monthly "rent," much like a landlord collecting from tenants.
Age 14 — The Start of the Payments
The rule is simple and documented: as soon as a boy turns 14, his father demands $100 a month. At 15, $200. At 16 — for X, who reached that age in April 2024 — $300 a month.
The father does not inform the mother of this arrangement. He collects child support on one side and his sons' payments on the other. In total, X paid his father $5,700. Y paid $1,900. Total: $7,600.
These messages, entered into evidence before the court, were enough for the judge to set aside the father's claim that his children paid "voluntarily" and wanted to "help."
January 2023 — The First Loan
On January 10, 2023, the father asks his son X — who is 14 years old (born April 2008) — if he can borrow $7,000. X agrees. He makes seven transfers of $1,000 to his father, drawn from savings he had set aside to one day purchase a restaurant franchise. The father offers $30 in monthly interest. He commits to repaying "when he has the money."
In February and March 2024, the father borrows again. First, $1,500 for a suspended ceiling in X's basement bedroom — which in reality is used to finish three ceilings in his home. Then a second loan of $7,000 under the same terms. Total borrowed from his minor son: $15,500.
In his testimony, the father acknowledges having implied to X that the funds would be invested — in RESPs or other savings vehicles. The evidence shows they were instead used to pay personal debts and household expenses. According to X, part of the money may even have gone toward his father's legal fees in the child protective services file.
October 2024 — Child Protective Services, Then Return to the Mother
In August 2022, the Director of Youth Protection (DPJ) intervened in this family's life. For two years, proceedings unfolded at the Court of Quebec. The court found that the father's partner systematically made highly denigrating remarks about the children's mother in front of them, and that a no-contact order was necessary.
On October 27, 2024, X flees the paternal home following a family dispute. On October 31, the Court of Quebec urgently places both boys with their mother. On November 7, Z joins them.
It is at this point that the mother learns of the monthly payments, the loans, and the multiple expenses billed back to the children. When the boys try to retrieve their belongings, the father refuses to return them until certain "debts" are settled — including the Bell Fibe bill for high-speed internet.
What the Father Charged on Top of the Monthly Payments
Au-delà des montants mensuels de pension, le père et sa conjointe facturaient aux garçons une série de dépenses supplémentaires, réclamées par virement bancaire distinct :
- Bell Fibe high-speed internet: $720 per child in 2023, then $800 in 2024, while the partner's minor son, present every other week, paid only $400
- Installation of wall outlets for computers — leasehold improvements to the father's home
- Clothing labelled as "extras" — including a North Face jacket and work pants
- Spray and Wash laundry stain remover — presented by the father as a "lesson" for the son who dirtied his shirts
- Mixed nuts, Costco CheezBalls, eggs and milk
- Passport renewals — for a southern vacation that never materialized
- Half of X's driving course — which the father had offered to share with the mother, collected her half, then billed back to his son
- X's cell phone and monthly plan fees
"To say the least, one might have expected something different from the tutor of minor children, when it comes to educating them on financial management."— Justice Claude Dallaire, J.S.C., 2026 QCCS 1074
The Father's Position: A Series of Explanations That Don't Hold Up
At trial, the father offered multiple justifications. He stated that at the same age, he paid his own way. He said his sons were "old enough to help," that his partner was on sick leave and that he had to "tap into his line of credit" to make ends meet. He described the amounts collected as a "voluntary contribution" to extraordinary expenses.
For the CheezBalls and Spray and Wash, he framed these charges as "lessons" in financial responsibility. For the high-speed internet, he explained that his partner had worked out the cost with the children, who had agreed. For the loans, he claimed to have paid reasonable interest at 5%.
The judge accepted none of these explanations. The documentary evidence — bank statements, text messages, children's account records — contradicted the father's version on nearly every point. The judge notes that the messages entered into evidence "would have been worth reviewing before taking the stand."
At the time of the facts, the father earned an annual income of over $110,000 (salary + rental income). He also received child support from the mother for all three children. The judge concludes that the father's earning capacity, combined with the approximately $20,000 received or reimbursed by the mother, "should have been sufficient to meet his support obligation."
If the father felt he lacked funds, it was his responsibility to seek a judicial adjustment of support — which he only did in December 2023, more than a year and a half after the children moved in.
Un parent Can a Parent Demand Payments From Minor Children?
No. Under article 599 paragraph 2 of the Civil Code of Quebec, only parents have the obligation to feed and maintain their minor children. A child, even one with personal wealth, has no legal obligation to support their parents.
The law exceptionally allows a tutor to draw on a child's assets for their maintenance — but only if the tutor's own resources are insufficient to provide for the child (art. 218 C.C.Q.). That insufficiency was not established here.
Can a parent borrow money from a minor child? In principle, no — a minor child lacks the legal capacity to contract. Article 1406 para. 2 C.C.Q. protects minors against subjective lesion: a contract may be annulled if the obligation is excessive in light of the minor's financial situation. In this case, the loans represented nearly the entirety of X's assets.
Can a parent withhold a child's belongings? No. A parent has no right of retention over a child's property upon a move. Withholding property belonging to another person may, depending on the circumstances, constitute a criminal offence.
Tutor's obligations (art. 1301 et seq. C.C.Q.): the father, as tutor, was obligated to act with loyalty, honesty, prudence and in the best interest of the child. He could not commingle his son's funds with his own, nor become a party to a contract involving administered assets (art. 1312 C.C.Q.), and was required to make the funds grow rather than spend them.
The Condemnations: What the Court Ordered
Justice Dallaire orders the father to repay directly to the children — by bank transfer, as he did for the loans — all amounts improperly collected:
- $5,700 to X — reimbursement of monthly payments made, with legal interest and additional indemnity (art. 1619 C.C.Q.)
- $1,900 to Y — same basis
- $1,520 to X — reimbursement of internet charges billed
- $720 to Y — same basis
- $661 to X — reimbursement of his share of the driving course
- $350 to X — outstanding balance on Loan 2
- $660 to X — additional interest on the loans (loan 1: $60 · loan 2: $120 · ceiling loan: $480)
- $3,399.81 to the mother — costs provision for the re-opening of inquiry
The court also orders the immediate return of all personal belongings not yet given back to the children: bicycles, scooters, basketball hoop. The principal amounts of the loans were repaid by the father between May and July 2025, after the sale of his home — just a few months after the children left.
"These children, vulnerable by definition, could not say no to their father, an authority figure who was supposed to protect them — not exploit their trust and naivety."— Justice Claude Dallaire, J.S.C., 2026 QCCS 1074
A Telling Detail: The Sale of the House
The judge notes a fact that does not go unnoticed: just a few months after the children left, the father — who no longer had access to their income — quickly listed his house for sale. The deed was signed before a notary in June 2025.
It was those sale proceeds that allowed him to repay the loans to his son. The judge draws a clear inference: the children were contributing, in part, to maintaining their father's lifestyle and paying for the home he was legally obligated to provide them.
"If he was truly that financially strapped, he should have taken adult measures and sold his house sooner, rather than choosing to dip into the pockets of his minor children to maintain his lifestyle."— Justice Claude Dallaire, J.S.C., 2026 QCCS 1074
What This Judgment Tells All Parents
Justice Dallaire closes her reasons with an explicit message addressed to all parents — not just this father:
A parent who wishes to have a teenager's income factored into the child support calculation must go before a judge. They cannot take the law into their own hands by directly collecting payments from their children's earnings. The line between financial education and exploitation is thin — and this judgment draws it clearly.
The court also reminds that a child's learning difficulties are a significant factor. Forcing a teenager with learning challenges to work part-time during the school year — to fund an adult's everyday expenses — is not only illegal, but contrary to the best interests of the child.
A minor child has no support obligation toward their parents, even if they work and earn income.
A parent cannot borrow money from a minor child without violating their obligations as tutor — even if the child "agrees."
Withholding a child's belongings to recover a debt is illegal and may constitute a criminal offence.
If the financial situation justifies a support adjustment, the legal avenue exists: the SARPA service, a mediator, or an application to the court.
| Court | Quebec Superior Court, Family Division, Saint-François district |
| Date | March 20, 2026 |
| Judge | L'honorable Claude Dallaire, j.c.s. |
| Applicant's counsel | Me Évelyne Gagnon |
| Respondent's counsel | Me Sébastien Gagnon — Gagnon Rodriguez avocats s.e.n.c. |
| Hearing date | June 2, 2025 |
| Re-opening of inquiry | August 19, 2025 — October 10, 2025 |
| Children involved | 3 children (X, age 17 · Y, age 16 · Z, age 15 at time of judgment) |
| Outcome | Mother's application partially granted — multiple condemnations against the father |
Décision complète : Droit de la famille — 26377, 2026 QCCS 1074, no 450-04-015551-186 · Rendered March 20, 2026 by the Honourable Claude Dallaire, J.S.C., Quebec Superior Court, Family Division, Saint-François district.
Legislative provisions cited: art. 157, 163, 192, 193, 208, 218, 585, 587.2, 599 C.C.Q. · art. 1301-1318, 1406 para. 2, 1407, 1419, 1619 C.C.Q. · art. 9 of the Regulation respecting the determination of child support payments.
Case law cited in the decision: Droit de la famille-141124, 2014 QCCS 2126 · Droit de la famille-191040, 2019 QCCS 2211 · Curateur public du Québec v. M.P., 2021 QCCS 2743 · Kyprianou v. Kyprianou, 2003 CanLII 551 (QC CS) · Péladeau v. Centre de réadaptation en dépendance du Nouveau Départ inc., C.A.
The children's names have been anonymized in accordance with the judgment's publication order. The initials used in the judgment have been replaced by X, Y and Z in this article. This article does not constitute legal advice. Justice-Quebec.ca is an independent civic platform.
Ajouter un commentaire
Commentaires