Child Custody – FamilyLawyer.Zone https://familylawyer.zone Family Law Firm Sun, 17 May 2020 23:17:49 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.6 Child Custody Under Quebec Laws (Overview) https://familylawyer.zone/child-custody-under-quebec-laws/?utm_source=rss&utm_medium=rss&utm_campaign=child-custody-under-quebec-laws Sun, 26 Apr 2020 00:23:19 +0000 http://familylawyer.zone/?p=6611 Child Custody Under Quebec Laws

The post Child Custody Under Quebec Laws (Overview) appeared first on FamilyLawyer.Zone.

]]>
Wondering about child custody under Quebec laws?

What type of child custody arrangements can a Quebec court award?

What are the factors that a Quebec court will consider to render a child custody judgment?

In this article, we will go over child custody under Quebec laws. We will define what is child custody, what happens after the break up of the parents, the type of child custody arrangements possible and the factors the court will consider to render a child custody judgment.

We have divided the article into the following sections for ease of navigation:

Let’s get started…

What is child custody?

Child custody is the term we use to refer to how a child or children are cared for by the parents.

Having custody is having the responsibility for the care of the child.

When a couple is together, the couple will take care of their children and mutually arrange their activities and obligations.

They each exercise shared custody of their children.

The parents will provide their children with emotional support, stability and security.

They’ll make sure their child is happy, well-nourished and develops in a healthy way.

The parents will educate their children academically and socially.

They will provide their children with moral and religious guidance.

Child custody as a concept does not change whether you are in a relationship with the other parent or not.

From the moment you become the parent of the child, you have custody over that child.

Child custody takes on more of an importance after a break up as the parents will need to find new ways to individually care for their child and manage the custody schedule and logistics among themselves.

Let’s look at child custody when parents break up.

Child custody when parents break up

The concept of child custody after the break up of the parents does not change.

Parents remain responsible to take care of their children, provide them with emotional and financial support and make the right decisions in the life of their child to help them become contributing members of our society.

What is challenging in most cases is how the parents will handle the child custody logistics among themselves.

There are several factors making this process quite challenging after the break up:

  1. The parents are no longer in a relationship as they no longer consider their relationship as viable long-term
  2. In many cases, the end of the relationship is as a result of conflict between the parents
  3. The parents will need to adjust to their new life after their relationship
  4. As the parents adjust to their new lives, they must also continue providing care for their children
  5. The break up in most cases results in financial hardship for both parents
  6. The children may not accept the break up and have difficulty adjusting to their new lives

There are many factors that will result in major challenges for the parents to move on.

It will take dedication, effort, patience, concession and collaboration on the part of the parents to make it work.

After their break up, parents must keep good communication to be able to sort things out with one another.

If the parents are able to mutually manage and handle the care of their children following their break up, things will be much easier to handle.

If the parents are unable to handle the care of their children after break up, then chances are a family court will need to define how child custody will be managed between them.

Under the Quebec laws, there are different types of custody arrangements.

Based on the circumstances of the parents and the family, the family courts will render a custody judgment in such a way that the best interest of the child.

What are the different types of custody arrangements under Quebec laws?

Types of child custody

Child custody under Quebec laws is divided into sole custody, sole custody with prolonged outing rights, sole custody granted to each parent, shared custody and child custody combinations.

Sole custody

Sole custody is a type of custody arrangement where one parent has sole custody of the child and the other parent may exercise visitation rights for less than 20% of the time.

When we say 20% of the time, we are referring to the number of days in a year.

For example, if one parent has the sole custody of a child and the other parent has the child every Saturday, then we are in a sole custody arrangement.

The parent with sole custody will have the child 313 days in a year while the other parent will have 52 days in a year.

The parent with sole custody therefore has 85.7% of custody time while the other parent has 14.3% of custody time.

Sole custody with prolonged access rights

The second type of custody arrangement under Quebec laws is the sole custody arrangement with prolonged access rights.

Under this type of child custody arrangement, one parent will have sole custody while the other parent will have visitation rights anywhere between 20% to 40% of the time.

This means that the parent not having sole custody will exercise custody over the child between 73 days and 146 days in a year.

An example of this type of child custody arrangement is when one parent has custody 5 days a week and the other parent has 2 days a week.

When you look at the number of days each parent will have child custody in a year, one parent will have 260 days (71.2%) while the other parent will have 104 days (28.8%).

Sole custody granted to each parent

The third type of child custody arrangement in Quebec is sole custody granted to each parent.

Although rare, for this type of child custody to be possible, the parents will need to have at least two children.

The court will grant the sole custody of one child to one parent and the sole custody of the other child to the other parent.

The same visitation right rules apply.

If the visitation rights are under 20%, then the custody arrangement for the child is considered sole custody arrangement.

If the other parent has visitation rights ranging between 20% and 40% of the year, then we’ll say sole custody with prolonged access rights.

Shared custody

The shared custody arrangement is the custody schedule where each parent will have between 40% and 60% of the child’s custody time in a year.

If parents share custody on a weekly basis, on an alternating basis, then they’ll have a 50/50 child custody arrangement.

Each parent will have exactly half of the child’s custody time.

Child custody combinations

The final possible custody arrangement is when the court grants a different type of child custody arrangement per child.

For this child custody arrangement to be possible, the parents will need to have at least two children.

For example, the court may grant a sole custody arrangement for one child and a shared custody arrangement for another child.

What factors will a family court consider for child custody?

Child custody is established by the Quebec family courts in consideration of the best interest of the child or children.

Each family’s situation is different and the interest of each child will also be different.

Child custody is not a one-size-fits-all type of solution.

The family courts will have the delicate task of considering what’s the family dynamic, what are the children’s needs, the parent’s relationship and what type of child custody arrangement will promote the best interest of the children.

There may not be a perfect solution where both parents will be happy.

In some cases, the court will need to make a difficult decision and allocate the child custody time in such a way that it considers the children’s health, safety and overall progress will be optimized.

The family court will try to establish what is the best interest of the child by considering several factors such as:

  1. Your child’s age
  2. How your child has been developing so far
  3. Your child’s special needs
  4. Your child’s level of maturity
  5. Your child’s relationship with siblings
  6. Your child’s relationship with each parent
  7. Your child’s opinion and wishes
  8. The caring abilities of each parent
  9. How each parent has been handling himself of herself after separation
  10. The ability of the parents to cooperate
  11. The ability of the parents to communicate well
  12. Cultural differences
  13. Religious differences
  14. Language barriers 

These are just some factors the court will consider in order to render a child custody judgment.

There may be more depending on the particular facts of each case.

How is child custody established?

Child custody can be established either by the court or upon the mutual agreement of the parties.

If the parents are able to mutually agree on the child custody arrangements, they’ll be able to find a more long-term solution and the transition for their children can be smoother.

However, if the parents are unable to mutually agree on the child custody arrangements, implementing a judgment from the court may be adversarial and frustrating and the transition for the children will be more difficult.

Takeaways 

Child custody under Quebec laws defines the criteria the court must take into consideration to decide on child custody.

There are also several types of custody arrangements possible under Quebec laws:

  1. Sole custody
  2. Sole custody with prolonged access
  3. Sole custody granted to each parent
  4. Shared custody
  5. Child custody combinations

Depending on how much time you have with each child, your child custody arrangement will fall under one of the above child custody buckets.

With this article, we hoped to provide you an introduction to child custody under Quebec laws.

We hope that you enjoyed it.

Should you need the assistance of a child custody attorney or a child custody family law firm having experience in the area of child custody laws, we are here to support you.

Don’t hesitate to reach out to our experienced family lawyers.

In the meantime, we wish you all the best!

The post Child Custody Under Quebec Laws (Overview) appeared first on FamilyLawyer.Zone.

]]>
Custody And Parental Authority Under The Civil Code of Quebec https://familylawyer.zone/custody-and-parental-authority-civil-code-of-quebec/?utm_source=rss&utm_medium=rss&utm_campaign=custody-and-parental-authority-civil-code-of-quebec Sun, 19 Apr 2020 00:26:20 +0000 http://familylawyer.zone/?p=6605 Custody And Parental Authority Under Civil Code of Quebec

The post Custody And Parental Authority Under The Civil Code of Quebec appeared first on FamilyLawyer.Zone.

]]>
You are wondering what custody and parental authority mean under the Civil Code of Quebec?

You’ve heard of the concept of parental authority and want to know what it entails?

Perhaps you are curious to learn about the Quebec custody laws!

No worries, we’ve got you covered!!

In this article, we will discuss what is custody based on Quebec laws, what is parental authority, routine or important decision in the life of a child, relocation with the child and more.

This article is divided into the following sections: 

What Is Custody Based On Quebec Laws?

Having custody of a child means having the right to make decisions about the care of the child.

In the Province of Quebec, having custody does not mean the same thing as having parental authority.

While custody has to do with taking physical care and maintenance of a child, parental authority is the concept of making important decisions about a child.

You can consider custody is a component of the rights and obligations of parental authority.

Article 599 of the Civil Code of Quebec states that “the father and mother have the rights and duties of custody, supervision and education of their children. They shall maintain their children.”

The Civil Code clearly states that each parent has a duty to care for the child and ensure they are well maintained and educated. 

What Is Parental Authority?

Parental authority refers to the rights and responsibilities of the parents to ensure they make the important decisions relating to a child’s development, progress and well-being.

Article 600 of the Civil Code of Quebec states “the father and mother exercise parental authority together”.

Concretely, parental authority means that the parents must:

  1. Ensure they take care of their children until at least the age of 18
  2. They provide the child with a safe and secure environment
  3. They make decision in the best interest of the child
  4. They provide the child education
  5. They make all health and medical-related decisions in the best interest of the child 
  6. They provide the child with food and shelter
  7. They offer the child with psychological support 
  8. They provide moral and religious values to their child

Essentially, all the important decision impacting the life of a child is captured under the notion of parental authority.

Under the Civil Code, both parents will have parental authority regardless of the custody and access rights arrangement.

The parenting time does not take away parental authority rights of a parent or component of it.

The court has the ability to deprive a parent of parental authority rights or attributes of parental authority if there is a “grave reason and in the interest of the child”. 

Make Decisions Concerning The Child While Having Custody

A parent with custody over a child will have the right and obligation to maintain the child and make the day-to-day decision relating to the child.

Day-to-day decisions mean what time the child wakes up, what the child wears, with whom they hang out with, what time they come home, what time they are allowed to stay out at night, how much time they spend on the computer and so on.

When a parent has the physical custody of the child, that parent will be legally entrusted to make the best decisions to ensure the child goes through the day happily and safely.

Objections Raised For Routine Custody Decisions

If a parent having custody is negligent or recklessly puts the child or children in danger, even though that parent is entrusted with the right to make the day-to-day and routine decisions for the child, the other parent may object to it.

The objection is grounded upon the fact that any decision made relating to a child must be in the child’s best interest and to keep the child safe and secure.

If a parent consumes excessive quantities of alcohol and is not in a good state of mind, the other parent may ask to court to reconsider the custody arrangement.

The court may take custody time away from a parent if that parent is unable to adequately care for the daily and routine decisions relating to the child.

It must be noted that if the court reduces a parent’s parenting time with the child, unless the court expressly deprives that parent of parental authority rights or attributes of parental authority rights, then that parent’s parental authority remains intact.

This means that both parents will need to mutually consult one another on important decisions concerning the child.

Relocation With The Child By Parent Having Custody

The relocation with a child can quickly become a highly disputed and adversarial between the parents.

If a parent has the custody of a child, that parent, in normal circumstances, will have the right to move.

The breakup or a custody order must not prevent a parent from being able to move on with their lives and exercise their fundamental freedoms of movability we enjoy in a free and democratic society. 

However, if the relocation will adversely impact the child, then the other parent may object to this decision and ask the court to intervene.

If it’s proven that the relocation may do more harm than good to the child or children, the court may potentially prohibit the relocation.

Here are some circumstances where the court may most likely disapprove of the relocation:

  1. The move is primarily intended to frustrate the other parent
  2. The move will adversely affect the children
  3. The children are old enough to express their opinion and are highly against the move
  4. The children have a good relationship with the other parent and the move will prevent the continuation of the healthy relationship

The court will be guided by the principle that all decisions must be made in the best interest of the minor child.

Best Interest Of The Minor Child

All decisions concerning the custody, access rights and parental authority must be done in the best interest of the minor child.

The best interest of a child is not fixed and exactly identical for all children.

Every child has different needs and every family’s situation is unique.

The parents must exercise proper diligence in deciding what’s best for their children by taking their family circumstances into consideration along with the psychological and emotional needs of their child.

There are some factors you can consider in evaluating what’s in the best interest of the child such as:

  1. Your child’s age
  2. How your child has been developing so far
  3. Your child’s special needs
  4. Your child’s level of maturity
  5. Your child’s relationship with siblings
  6. Your child’s relationship with each parent
  7. Your child’s opinion and wishes
  8. The caring abilities of each parent
  9. How each parent has been handling himself of herself after separation
  10. The ability of the parents to cooperate
  11. The ability of the parents to communicate well
  12. Cultural differences
  13. Religious differences
  14. Language barriers 

The list can go on.

What’s very clear is that a judge will want to consider any variable that can affect a child in a divorce case or separation to come up with the best possible parenting arrangement. 

Takeaways

We hope this article helped clarify for you the concept of custody and parental authority under the Quebec laws.

A parent with custody has the right to make the routine and daily decisions concerning the child.

Both parent are automatically vested with the right and obligations resulting from parental authority which is to make important decisions in the life of their child.

Should you have any questions or need the assistance and support of a child custody lawyer, our family law firm is happy to help.

Contact us now if you have child custody legal issues or have questions about your rights and obligations.

The post Custody And Parental Authority Under The Civil Code of Quebec appeared first on FamilyLawyer.Zone.

]]>
Divorce Act Amendments Custody and Decision-Making Responsibility https://familylawyer.zone/divorce-act-amendment-decision-making-responsibility/?utm_source=rss&utm_medium=rss&utm_campaign=divorce-act-amendment-decision-making-responsibility Thu, 16 Apr 2020 23:32:49 +0000 http://familylawyer.zone/?p=6592 Divorce Act Amendments Custody and Decision-Making Responsibility

The post Divorce Act Amendments Custody and Decision-Making Responsibility appeared first on FamilyLawyer.Zone.

]]>
Wondering what are the changes proposed in the amendment to the Divorce Act of 2020 relating to the custody of children?

You heard about decision-making responsibility, parenting time and contact and wonder what they mean exactly?

We have good news for you!

In this article, we go over the Divorce Act amendments relating to the decision-making responsibilities of the parents. What used to be custody and access rights are now referred to as decision-making responsibility, parenting time and contact. What does the decision-making responsibility actually mean? We will cover that in detail!

This article is divided into the following sections:

Let’s get started!

Objectives of The Divorce Act Amendment 

On June 21, 2019, Bill C-78 received Royal Assent and provided for important changes to the Divorce Act to take effect as of July 1, 2020.

The amendment of the Divorce Act is an important revamping of the divorce law aligning its terms and provisions with the realities of our society today.

The purpose of this amendment is to:

  1. Promote the best interest of the child
  2. Address family violence
  3. Help reduce child poverty 
  4. Make Canda’s family justice system more accessible and efficient

Changes To The Terms Referring to Custody

The wording used under the Divorce Act prior to the amendment referred to “custody” and “access rights” when referring to the care and parental responsibilities in raising a child. 

The wording employed was highly parent-centric adversely impacting the parents. 

The parents were led to fight for the custody as if it was a property to be won or the prized legal achievement objective in court.

The amendment to the Divorce Act repealed the terms custody and access replacing them with “decision-making responsibility”, “parenting time” and “contact”.

Article 16.3 of the Divorce Act now states:

Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)(b), or to any combination of those persons.

Based on this new provision, the court can allocate decision-making responsibility to either one or more persons.

A person can be either souses or a person other than a spouse who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.

As you can see, the court has a greater level of discretion in grant decision-making responsibilities to the parents or other persons who care for or intend to care for the chid.

The replacement of the terms custody and access is found upon the objective to focus the attention on the parental relationship with the child as opposed to subjecting the child to a parent in parent-focused terminology of “custody” of a parent or “access” of a parent.

What Does Decision-Making Responsibility Refer to?

Decision-making is a fundamental responsibility of the parents to make important decisions in the life of their children.

Every child needs and deserves the to have parents make the best possible decisions to give them the best chance at life.

Parents need to step in and make important decisions such as the choice of school, medical treatments, the child’s overall health, values, religion and others.

The decision-making responsibilities are essentially the ability of a parent to make important decisions in the life of their child.

In Quebec, we are already familiar with this concept when referring to parental authority. 

By referring to decision-making responsibility, the person allocated with this responsibility will be the one making the important decisions about a child.

This could be both parents or one parent as the court may decide.

Decision-Making Responsibility Refers To Major Decisions

The concept of decision-making responsibility refers to major decisions related to a child, not the routine day-to-day decisions.

For example, decisions about the choice of school, doctors and religious teachings will be considered as decision-making responsibilities.

Decisions about where the child goes today, with who they play, what they eat and what time they come home will by their day-to-day decision that will be handled by the parent having parenting time.

Major decisions for a child can include:

  1. Choice of schools
  2. Extracurricular activities
  3. Health-related questions
  4. Medical treatments
  5. Choice of doctors
  6. Surgeries
  7. Religious teachings

How is decision-making allocated between parents?

In most cases, if the parents are able to demonstrate that they care for their child and they are able to overcome their differences for the greater good of their child, the court will grant decision-making responsibility to both parents.

In situations where the parents are unable to get along or there are unique circumstances the court can consider such as family violence and abuse, the court may allocate decision-making responsibility to only one parent.

The court’s decision must be based upon the best interest of the child.

Previously, there was a presumption that a child needs the most compatible time with each parent.

Today, the courts must consider the best interest of the child and decide what type of decision-making responsibility will lead to the greatest protection of the child’s interest.

It’s worth noting that the court will have the ability to allocate elements of decision-making responsibility to a parent.

In other words, the court can say that parents will have decision-making responsibility only with respect to cultural and religious matters. 

The court must always be guided by the best interest of the child in any parenting order.

Previous Divorce Act Terminology Related to The Care of A Child

Previously, the Divorce act referred to the term custody and access rights.

It was not clear which parent had the ability to make important decisions in the life of the child.

Was it the parent with custody? 

Was the parent with access right enabled to make important decisions in the life of the child or just be consulted?

The law was not clear.

The courts across Canada had developed a set of jurisprudential rules and local statutes to clarify this legal ambiguity. 

Now, the law is clear.

The decision-making responsibility will be decided by the court in the best interest of the child.

If it is allocated to both parents, regardless of parenting time, then both parents are responsible to make important decisions.

If not, then the person appointed by the court will have such responsibility.

The terms custody and access rights evoked negative feelings and a custody battle typically resulted in a winner and loser mentality.

Takeaways

The Divorce Act is modernized to reflect how society requires better protection of the children in the context of a divorce and parental conflict.

The changes to the law are intended to promote the best interest of the child and coin a more appropriate term related to their care and upbringing.

The parent-focused terminology of custody and access rights have been changed to a more child-focused terminology of parental decision-making, parenting time and contact.

In the next few years to come, we will see how the courts will interpret these new concepts and align past jurisprudential teachings to the new statutory regime.

This article focused specifically on the decision-making responsibility of the parents so you can get a better understanding of this concept.

We hoped you were able to find the answers to your questions.

Our child custody lawyers are here to support you for any question or legal assistance in this regard.

Don’t hesitate to reach out to use for legal assistance and consultation.

The post Divorce Act Amendments Custody and Decision-Making Responsibility appeared first on FamilyLawyer.Zone.

]]>
Child Custody Quebec https://familylawyer.zone/child-custody-quebec/?utm_source=rss&utm_medium=rss&utm_campaign=child-custody-quebec Sun, 29 Mar 2020 18:01:06 +0000 http://familylawyer.zone/?p=6287 Child custody Quebec

The post Child Custody Quebec appeared first on FamilyLawyer.Zone.

]]>
Are you legally involved in a child custody case in Quebec?

You want to educate yourself on how the Quebec courts handle child custody orders?

Don’t go any further! 

You are at the right place…

We will present to you the different types of custody orders possible in Quebec, what factors the court will consider in rendering a child custody judgment and the impact on your parental authority. After reading this article, you will know precisely how child custody his handled in the Province of Quebec.

In this article, we will look at:

  1. Best interest of the minor child
  2. What is considered to be in the best interest of the child?
  3. Child custody orders in Quebec
    1. Joint custody or shared custody orders
    2. Sole custody with access rights 
    3. Sole custody without access rights or exclusive custody
    4. Is there a custody arrangement that the court prefers?
  4. Child’s opinion regarding custody arrangements
  5. Parental authority
  6. Every child custody case is unique
  7. About our family law firm

Let’s dive right in!

1- Best interest of the minor child 

Child custody Quebec

When the court is required to make a decision about child custody, one important guiding principle is the best interest of the minor child.

This means that the court will weigh the pros and cons of different types of custody arrangements to assess the overall impact on the parents but also on the child. 

The judge must be satisfied that the decision rendered will be, to the extent possible, suitable for the child and will help promote the well-being and best interest of the child.

2- What is considered to be in the best interest of the child?

Child custody Quebec

There is no cookie-cutter answer to this question. Every family situation is different, the parents are in different circumstances and the children have different needs. 

By looking at the general tendencies and teachings offered by the courts over time, we can extract some recurring factors considered by the court when assessing the best interest of the child.

The courts in Quebec will consider the following factors, among others, in deciding what’s best for your child:

  1. Child’s medical condition and needs
  2. Both parents’ physical and financial situation
  3. The relationship between both parents 
  4. The relationship between each parent and the child
  5. The past behaviours and actions of the parents in dealing with the child
  6. Each parent’s lifestyle and its possible impact on the child
  7. Each parent’s sense of responsibility and overall stability
  8. The reasonableness of the parenting arrangement proposed by each parent
  9. Child’s age and level of maturity
  10. Ability to provide a custody plan offering the most stability for the child

The judge may consider other factors as well but the above list gives you a good idea. The driving force here is what’s better for the children and not for an individual parent.

3- Child custody orders in Quebec

Child custody Quebec

In Quebec, the court can render different types of child custody orders, they are:

  1. Joint custody or shared custody 
  2. Sole custody with access rights
  3. Sole custody without access rights

A- Joint custody or shared custody orders

A joint custody or shared custody order is one where each parent will exercise at least 40% and no more than 60% of parenting time with the child.

For instance, if the mother has custody for 219 days in a year, then she has 60% of the parenting time (219 days of custody / 365 days in a year). The father will therefore have 146 days in a year giving him 40%. 

Since each parent has a custody percentage between 40% and 60%, their custody arrangement will fall under the qualification of joint custody or shared custody.

B- Sole custody with access rights 

Your custody order can also be qualified as a sole custody arrangement with access rights. In this type of custody arrangement, one parent will primarily have custody over the child and the other one will be able to have the right to have the child for more limited time.

In this arrangement, one parent will have custody for over 60% of the time but below 80% and the other between 20% and 40% of the time. 

So using an example, if the mother has the child 292 days in a year, that will give her 80% custody time. The father will therefore have 73 days giving him 20% custody time. Since the mother is within 60% to 80% and the father is within 20% and 40%, they are in a sole custody arrangement with access rights for the father. 

When referring to access rights, we can refer to it as custody time, visitation rights or prolonged visitation rights in our example above.

C- Sole custody without access rights or exclusive custody

When one parent has the child 100% of the, we can refer to this as having an exclusive custody.

In most cases however, one parent will have sole custody and the other can have very limited access rights, life a few hours a week, or none at all. Hence, sole custody without access rights.

In this type of custody arrangement, one parent in a range of over 80% to 100% of the parenting time with the child and the other parent between 0% and 20%.

D- Is there a custody arrangement that the court prefers?

The court does not prefer one custody arrangement over the other, it’s a question of what is good for the children and what will help the parents manage. Each family situation is different and the family judge will be keen to understand the nuances so as to make the best possible decision.

The decisions may not be perfect, but a judge will have to use his or her experience and proper understanding of the case to render a judgment that could help fix what may be broken.

4- Child’s opinion regarding custody arrangements

Child custody Quebec

If your child is old enough and mature enough to formulate an opinion and share his or her views, the judge may be interested in hearing what the child may have to say about a particular custody order.

In these cases, the court will appoint a lawyer to your minor child so the lawyer can interview your child outside of the court in a neutral place and get your child’s views. The lawyer to the child will typically be paid by the government as your child will be eligible for legal aid.

Once the lawyer to the minor child asks the child about his or her views on the parenting plan or custody arrangement, the lawyer will share your child’s views with the judge who will then take it into account.

The judge is not bound by the views of the child nor are the parents. The child’s view will be a factor among other factors for the court to consider in rendering a custody judgment.

5- Parental authority

Child custody Quebec

Parental authority is the rights and obligations of each parent in raising their child, making the best decisions possible in the upbringing of the child and important decisions related to their health, medical treatment, education, religious teachings and overall well-being.

Regardless of the nature of child custody order that you may be subject to, you will always be vested with the rights and obligations resulting from the concept of parental authority.

What this means is that even if you only have limited access rights to see your child while the other parent has sole custody, your views are important to be considered if your child is ill and needs a particular medical treatment, or your child’s education path and plans.

When you have custody over a child, you are authorized to make the day-to-day decisions concerning the child without the permission of the other. 

When we are dealing with parental authority issues, these are fundamental decisions that could profoundly impact your child and overall progress. For this reason, both parents remain responsible to make the best decisions for their child. 

6- Every child custody case is unique

Child custody Quebec

Child custody orders in Quebec are regulated by either the Divorce Act or the Civil Code of Quebec depending on the nature of your case.

Considering that every family has a unique set of circumstances, different realities to deal with and different needs, there is no cookie-cutter approach in dealing with custody.

If, as parents, you are unable to reach a mutually satisfactory solution regarding your parenting time and custody arrangements, then the courts are there to step in.

The court will need to consider the unique circumstances of your case to decide what’s the best possible child custody order they can render.

They will look at the best interest of your child to guide their decision in rendering either a joint custody order, sole custody with access rights or sole custody without access rights.

There is no preferred child custody order.

We hope that this article has helped you understand high-level legal concepts behind child custody orders in Quebec.

7- About our family law firm

Child custody Quebec

Our family law firm is located in the City of Montreal and well-positioned to provide you with any child custody legal services, advice and consultation regarding child custody orders in Quebec.

We are not like the other family law firms giving you a scripted message suggesting that we can do everything under the sun and more.

We are the real deal, no marketing talk track, not hidden agendas…

With our custody lawyers, you will get what we say you will get and that’s a high level quality of legal services consistent with our brand’s mission.

Our mission statement is simple: give you the best family law legal advice concerning your child custody orders in Quebec at the best and most affordable price. Period.

If you need to speak to a lawyer, our experienced child custody lawyer is sitting on the bench to help you.

Don’t hesitate to reach out, it will be our pleasure to serve.

We love what we do and we will passionately execute our mandate for you, that’s our commitment. 

We hope you enjoyed this article!

Best of luck!

FamilyLawyer.Zone

The post Child Custody Quebec appeared first on FamilyLawyer.Zone.

]]>
Child Custody Legal Services https://familylawyer.zone/portfolio-item/child-custody-legal-services/?utm_source=rss&utm_medium=rss&utm_campaign=child-custody-legal-services Mon, 22 Apr 2019 14:12:23 +0000 http://familylawyer.zone/?post_type=portfolio&p=4082 Child custody

The post Child Custody Legal Services appeared first on FamilyLawyer.Zone.

]]>



Couples separating who have a child or children will need to consider their minor child or children’s custody schedule and arrangements. One very popular and most common form of custody arrangement is a joint custody setup whereby both parents will equally share custody time with their minor child or children and jointly make the important decisions for them. Consult us to see if this is right for you.



Another form of custody arrangement is one whereby one parent exercises access rights to the child or children while the other parent will be the main custodian of the children. In this context, although the two parents do not exercise the same amount of custody time with the minor child, important decisions concerning the child are nonetheless taken together. Contact us to understand more about access rights.

Exclusive Custody



In certain other cases, one of the parents will end up with exclusive custody over the minor child or children while the other parent may have more limited access rights.  An exclusive custody arrangement is to be treated more as an exception as compared to joint custody as the minor child will be deprived of one parent to a certain extent but this may be a better trade-off when considering the child’s well-being.

Parental Authority



In addition to the exercise of custody rights over the minor children, parents are legally vested with ‘parental authority’ rights whereby the parents will mutually decide on the important decisions relating to the minor children. Such decisions can be related to the selection of school, travel rights, medical treatments and therapy, religious teachings and any other material decisions concerning the children. Our family law firm will provide you with the necessary direction on the exercise of your parental authority rights.

The post Child Custody Legal Services appeared first on FamilyLawyer.Zone.

]]>