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Modification of Parishes

Any alteration to a parish requires preparation and adherence to Canon Law. This guide walks you step by step through each process and the corresponding Canonical requirements.

Modification of Parishes

A parish is a community of the faithful, with juridic personality

Glossary

Juridic Person

a legal personage; a subject in canon law with obligations and rights which correspond to its nature; they are groupings of perons or of things ordered for a purpose which is in keeping with the mission of the Church and which transcends the purpose of the individual members; a juridic person is perpetual in nature; it is legitimately suppressed only by competent authority or if it has ceased to act for 100 years

by law and perpetual in nature. A parish cannot be extinguished or even notably altered without just cause.

Relevant Canons: 515; also 50, 51, 120, 121, 122, 123, 127, 166

Four types of modification:

  1. extinctive union
    Glossary

    Extinctive Union

    a canonical process by which two or more parishes are united in one of two ways, either by amalgamation or merger

    (a.k.a. merger
    Glossary

    Merger

    two or more former parishes unite to become a single new parish; all previous parishes become extinct

    ) – A and B unite to form C, only C remains (canon 121)
  2. extinctive union (a.k.a. amalgamation
    Glossary

    Amalgamation

    one or more former parishes are subsumbed into another parish; the subsumed parish becomes extinct; the parish which absorbed the others becomes larger (in people and in land)

    , sometimes merger) – A is subsumed into B, only B remains (by analogy to canon 121)
  3. total division
    Glossary

    Total Division

    one parish is divided into two new parishes

    – A is divided into B and C, only B and C remain (canon 122)
  4. suppression
    Glossary

    Suppression

    a parish completely ceases to exist because the community of people of which it was formed no longer exists

    – A is extinguished, nothing remains (canon 123)

Since parishes are communities of the faithful, territorial parishes are generally only able to be united or divided.

Considering all pertinent circumstances, determine which type of modification (extinctive union of the first or second variety) is recommended and identify the just cause for doing so.

Jurisprudence indicates that an extinctive union should be the last choice when dealing with various problems of parochial life, insofar as other possible remedies should have been at least considered beforehand and ruled out.

The reasons for modifying a particular parish must be relevant to that individual parish.

The following information should be gathered for all involved parishes as part of this determination:

  • demographic assessment (draw from October count, other metrics, neighborhood/community shifts)
  • financial assessment, including debts and assets, as well as projections and concerns
  • sacramental statistics and ministry assessment
  • buildings and grounds assessment, including estimates of deferred maintenance

Parish pastoral and finance councils should be highly involved in this process. Minutes from meetings should be carefully kept.

The faithful of the parishes should also be informed of the proposal and the reasons justifying it. They should be given opportunities to ask questions and express any concerns. This can be done in a variety of ways: bulletin articles, presentations, town hall style meetings, email blasts, surveys, etc. Records/copies should be kept of all such communications.

The pastor petitions the Archbishop for modification of the parishes according to the determination reached in step one. This petition should be in writing, signed by the pastor. A majority of the members of the pastoral council and finance council of each parish involved in the modification are to be in support of the proposal. This support should be recorded in writing, with the signatures of the council members included. 

The Diocesan Bishop is to seek out all necessary information and, insofar as possible, hear those whose rights could be injured (cf. canon 50).

The pastor of the parishes affected by any proposed modification is to provide the diocesan Bishop with all information supporting the recommended modification.

He should include the opinion of the pastoral and finance councils of the affected parishes.

The Diocesan Bishop is to convoke the Presbyteral Council

Glossary

Presbyteral Council

a group of priests representing the entire presbyterate, to be like a senate of the bishop and which assists him in the governance of the diocese to promote the pastoral good of the people; members are elected by the priests, appointed by the bishop, and server ex officio

When calling the Council, he is also to provide them with all relevant information.

The Diocesan Bishop himself must consult the members of the Presbyteral Council regarding each individual parish modification which has been proposed.

The consultation

Glossary

Consultation

a canonical term meaning that a matter has been discussed with the members of a body of persons or an individual person before an action is taken

must be genuine and should consider relevant arguments both for and against the proposed modifications. The advice of all members present is to be heard.

The Diocesan Bishop is to issue a written decree

Glossary

Decree

an administrative act issued by a competent executive authority in which a decision is given or a provision is made for a particular case according to the norm of law

at the time that the decision is given and then lawfully communicate the decree without delay.

The period of time during which hierarchical recourse

Glossary

Recourse

the canonical process by which one appeals a decree of one ecclesiastical authority to a higher authority

may be presented begins with the lawful notification of the decree (canon 1734 §2).

The decree must mention, at least in summary form, the just cause(s) for the decision (canon 51).

The decree must clearly define the criteria for membership in all affected parishes.

The decree must likewise provide for the disposition of temporal goods.