How does the court decide child custody in Quebec?
Short answer
In Quebec, every decision concerning a child must be made in the child's interest and in respect of the child's rights. The court considers the child's moral, intellectual, emotional and physical needs, age, health, character, family environment and the other aspects of the child's situation.
In detail
There is no custody model that Quebec courts favour. The Quebec government sets out three configurations based on the time spent with each parent: sole custody, meaning more than 80% of the time (292 days or more per year); sole custody with access rights, meaning between 20% and 40% of the time for the other parent (73 to 146 days); and shared custody, meaning between 40% and 60% of the time (146 to 219 days).
None of these models is presumed to be better: each situation is assessed on its own, based on the child's interest.
Custody has to be distinguished from parental authority. Even where one parent has sole custody, both parents must consult each other on important decisions concerning the child — school, religion, health, place of residence. Day-to-day decisions belong to the parent who has the child at that moment.
What to document
A real calendar of the time spent at each home, day by day — that is what determines the percentage, and therefore the support calculation. Also note who drives to school, who goes to medical appointments, who handles activities, and any request to consult that went unanswered on an important decision.
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
- Ministère de la Justice du Québec — Children: a shared responsibility
Related questions
- At what age can a child decide which parent to live with?
- My child refuses to go to their other parent — can I keep them?
- My ex is not complying with the custody judgment — what can I do?
- Can I move with my child without the other parent's consent?
- How is child support calculated in Quebec?
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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.