Do I have to consult the other parent on important decisions even if I have custody?
Short answer
Yes. In Quebec, even where one parent has sole custody, both parents have to consult each other on important decisions concerning the child, such as school, religion, health and place of residence. Day-to-day decisions belong to the parent who has the child with them at that moment.
In detail
Custody and parental authority are two different things. Custody determines whose home the child lives in; parental authority covers the parents' rights and duties toward the child, and it generally continues to be exercised by both parents after the separation.
In practice, that means a change of school, a non-urgent medical procedure, a religious choice or a move are not decided alone, even if the child lives with you most of the time. Conversely, bedtime, meals, ordinary outings and routine decisions are up to the parent who is present.
This duty to consult is a frequent source of conflict, and it is also one of the easiest things to document — which often makes it decisive before the court.
What to document
For each important decision: the request to consult sent in writing, its date, the reply received or the absence of a reply, and the decision ultimately made. Simply having written “I am consulting you about X, please reply by such-and-such a date” and having kept the exchange settles most arguments on this point.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Gouvernement du Québec — Principles applied in determining custody of a child
- Gouvernement du Québec — Rights and obligations of parents
Related questions
- Does the parental union change anything about my children's custody and support?
- When does a parental union end?
- How is the payment made when the parental union patrimony is divided?
- Does a step-parent have any rights over their spouse's child?
- How long does the judge take to render a decision?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.