How do I change a custody judgment in Quebec?

Verified 31 July 2026 Law of Quebec and Canada General information, not legal advice

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.

How do I change a custody judgment in Quebec?

In detail

What to document

Official sources

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