How do I change a custody judgment in Quebec?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
A custody judgment is in principle valid until the child turns 18, but it can be changed in two ways: by a written agreement with the other parent · which can be homologated to carry the force of a judgment · or by applying to the court, by showing an IMPORTANT and UNFORESEEN change in the child's needs or in a parent's ability to care for them. In an emergency, a safeguard order can give a temporary decision within days or weeks.
In detail
By agreement. If both parents agree, put the agreement in writing; you can have it homologated · obtain a court judgment giving it the force of a judgment. Official forms exist (different ones for de facto spouses and married couples), the homologation assistance service of the Commission des services juridiques can help at low cost, and a mediator can help you find common ground (the government program provides free hours).
By applying to the court. Without an agreement, you must show that an IMPORTANT change has occurred · in the child's needs or in a parent's ability to care for them · and that this change was UNFORESEEN when custody was set. It must make the modification necessary. Official examples: a move that makes the agreed custody impossible, or the child starting high school in a way that prevents the planned sharing.
The vocabulary. Since March 2021, the Divorce Act says « parenting time » rather than « custody » and « access »; the latter terms still apply to unmarried parents.
In an emergency. If the other parent disagrees and the situation is urgent, a safeguard order application can give a temporary decision within days or weeks · you will then need to return to court for the permanent decision.
What to document
The change has to be proven: the children's actual schedule before and after, the needs that are changing (school, health, activities), the dated facts showing parenting capacity · each with its date and its exhibit. The court judges on the file: a day-by-day log shows exactly the « before » and « after » of the change you are relying on.
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.
Open the application Up to 3 files, no card · see the plans
And to put it in order: our free tools · number your exhibits, set your facts in date order, request a copy of your file. No account, and nothing leaves your browser.
Official sources
Related questions
- How does the court decide child custody in Quebec?
- What are supervised visits and custody exchanges in Quebec?
- My ex is not complying with the custody judgment · what can I do?
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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.