Family law
and child custody .
Child Custody and Access Rights.
Child custody remains a profoundly sensitive decision during a divorce or separation and often lies at the heart of family disputes. Poor decisions, driven by impulsive choices, strong emotions, or both, can lead to regrettable outcomes for a child’s future behavior, the relationship between a parent and their child, and between the parents themselves. It’s crucial to remember that all decisions regarding child custody must be made solely in the child’s best interest and should always remain the focal point of both parties’ concerns.
Shared custody.
If parents agree on shared custody of the child, our qualified lawyers will assist you in establishing all legal parameters in court, including custody duration, pick-up and drop-off times, transportation arrangements, and child support payments, if applicable.
Sole custody with or without access rights.
If you’re seeking sole custody – in the child’s best interest – certain parameters may apply regarding access rights for the non-custodial parent. This means that the latter may visit their child on specific occasions, for a predetermined period, either in designated access centers or a predetermined location (residence, public place, etc.).
Remember, a judge always favors equal contact of both parents with the child. In most cases, claiming sole custody requires the petitioner to justify several valid reasons and moral principles, always founded on the child’s well-being.
How is custody established?
Child custody is always determined based on the child’s needs and interests, not those of a parent.
Both parents have the legal right to custody of the child, meaning that one parent cannot claim full custody without a mutual agreement between both parents or a legal decision by the courts. Before initiating any legal proceedings, it naturally falls to the parents to decide on a mutual agreement regarding custody and visitation rights. In case of disagreement, the decision falls to the courts, which will rule based on multiple criteria.
Here are a few brief examples:
Steps to Take for Child Custody.
Like all adults, children have fundamental needs, suppress deep emotions, and adopt different behaviors based on the events and trials that occur in their lives. Upon learning about their parents’ divorce or separation, they might, for the first few weeks, withdraw and isolate themselves in their room, at school, during an activity, or even in the presence of friends. It is then crucial not to further disrupt a child’s world.
Your parental role requires that you:
Termination of Parental Authority.
The termination of parental authority is provided for in article 606 of the Civil Code of Quebec. It represents the ‘capital punishment’ in family law, as it strips the concerned parent of their parental rights, but never of their obligations towards the child.
When the termination of parental authority is total, it can lead to the severance of the filiation link through adoption and may also lead to a request for the child’s name change. – C. (G.) c. V-F. (T), [1987] 2 S.C.R. 244.
child custody
Moreover, teachings from the Supreme Court of Canada have established that it is not sufficient to pronounce the termination of parental rights by concluding that a person has committed, by action or omission, a serious and unjustified breach of their duty as a parent. – Family Law–320, [1987] 2 S.C.R. 244.
Indeed, it must also be proven that it is in the fundamental interest of the child to resort to this measure, as stipulated in articles 32 and 33 of the Civil Code of Quebec. – Family Law–320, [1987] 2 S.C.R. 244.
Thus, for the termination of parental authority to be pronounced, two cumulative conditions must be met: proof of a serious reason and proof that the termination is in the child’s interest.
The burden of these conditions rests on the one requesting such a measure. It is noteworthy that termination is a rare and complex recourse, as courts, reasonably, must be highly convinced that the person has failed in their parental duties.
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