Parental Authority Lawyer: important decisions after a separation

Choice of school, moving, passport, travel, religion, health: our family law lawyers assist you when parents cannot agree.

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Home » Our expertise » Parental authority

What is parental authority?

Parental authority is the set of rights and responsibilities that parents exercise over their minor children to ensure their protection, education, health, and development.

Even when separated or divorced, parents generally continue to exercise parental authority jointly, in accordance with sections 600 and following of the Civil Code of Québec, unless they have been deprived of it. This means that important decisions concerning the child must be made by mutual agreement, regardless of how much time the child spends with each parent.

Deprivation of parental authority is an exceptional measure that may be ordered by the court when a parent seriously fails in their duties toward their child or jeopardizes their safety, development, or well-being. It is granted only in serious situations and when the child's best interest requires it.

When parents are unable to agree, the intervention of a family law lawyer or the court may be necessary to determine what is in the child's best interest. This can also begin with sending a letter inviting discussion.

Everyday decisions vs. important decisions

As a general rule, the parent who has the child with them may make routine day-to-day decisions alone, such as meals, bedtimes, clothing, usual activities, or minor health care. Important decisions that may have a significant impact on the child’s life, however, must be made jointly by both parents when both exercise parental authority. These may include the choice of school, a move affecting parenting time, significant medical care, obtaining a passport, travel abroad, or decisions related to religion.

Decisions covered by parental authority

Parental authority notably covers important decisions relating to the following matters.

Choice of school

The choice of school or a particular program is generally an important decision requiring the agreement of both parents.

Disagreements frequently arise regarding the following:

Public or private school
International or specialized program
French-language or English-language school
Change of school following a move
Enrollment in a school located in another city or region

When parents cannot agree, the court may be called upon to decide based on the child’s best interest, pursuant to section 33 of the Civil Code of Québec.

Moving with the child

A parent moving with a child is one of the situations that most often leads to disagreements between separated parents. Depending on the circumstances, a change of residence can have significant consequences on the child’s custody, parenting time, choice of school, travel, and, above all, on their best interest. A parent cannot unilaterally decide to move with their child when this decision has a significant impact on the exercise of parental authority or on the other parent’s rights.

Every situation is unique. A move of a few kilometers will not have the same consequences as a move to another region or province. That is why it is important to obtain legal advice before making a decision or opposing the other parent’s proposed move.

Passport for a minor child

In most situations, obtaining or renewing a passport for a minor child requires the participation of both parents holding parental authority.

Difficulties can arise when a parent:

A legal consultation often allows you to assess the remedies available and the steps to take to obtain the other parent’s cooperation.

Authorization to travel with a minor child

Although no law systematically requires a consent letter to travel with a child, border authorities and airlines strongly recommend that a parent traveling alone with a minor child obtain the other parent’s written authorization.

Conflicts may involve, among other things:

In the case of an unjustified refusal or significant disagreement, an application to the court may be considered. The court will decide, again, based on the child’s best interest.

Religion and religious upbringing

Choices related to a child’s religion and spiritual upbringing are also among the important decisions falling under parental authority.

Conflicts may concern, among other things:

Baptism, communion, or other religious ceremonies
Attendance at a place of worship
Participation in certain religious practices
Enrollment in religious education classes
Religious upbringing or the absence of religious practice

The court will always analyze the situation based on the child’s best interest.

Health and medical care

Parental authority also covers important health-related decisions, including:

The court will always analyze the situation based on the child’s best interest and their particular needs.

First consultation

Are you experiencing a disagreement concerning your child? Speak with a lawyer now.

What to do in the event of a disagreement between parents?

Conflicts regarding parental authority are common after a separation or divorce. In many cases, negotiation or family mediation can help find a lasting solution.

However, when the disagreement persists, it is possible to ask the court to decide the matter, taking into account the child’s best interest.

Frequently asked questions about parental authority

1. Do separated parents have to make important decisions together?

Yes. Separation or divorce generally does not end parental authority. Important decisions concerning the child must be made by mutual agreement, regardless of each parent’s custody time, unless otherwise ordered by the Court or agreed upon by consent.

2. What is the difference between custody and parental authority?

Custody determines who the child lives with on a day-to-day basis, while parental authority encompasses both parents’ rights and responsibilities regarding important decisions. A parent may have less custody time while still fully retaining their parental authority.

3. Can I change my child's school without the other parent's agreement?

No. The choice of school is an important decision that requires the agreement of both parents. If the disagreement persists, the court can decide based on the child’s best interest.

4. Do I need a consent letter to travel alone with my child?

No law systematically requires one, but border authorities and airlines strongly recommend it. A letter signed by the other parent avoids many complications when going through customs.

5. What should I do if the other parent refuses to sign the passport application?

A legal consultation allows you to assess the possible remedies, from a formal notice letter to an application to the court to obtain the necessary authorization.

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Choice of school, passport, travel, religion, or any other important decision concerning your child: our lawyers, who practice mainly in family law and youth protection, can advise and represent you to protect your rights and those of your child. Contact us for a first consultation.

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