Marine and Jean lived together for five years in Montreal. From their union, they had a daughter named Léa. In October 2017, the couple decided to amicably separate and adopted a shared custody arrangement in the form of alternating weeks with each parent.
In October 2019, Marine wishes to move to Abitibi-Témiscamingue, her hometown, to return to live near her parents and relatives. Furthermore, her uncle Sylvain offers her a job as a legal assistant in his law firm in Val d’Or, with several social benefits.
Since shared custody could not be possible due to the distance, Marine asks Jean to modify the custody arrangements for their daughter, who was four years old at the time. Specifically, Marine seeks exclusive custody of the child and proposes extended access rights during the summer holidays and pedagogical days to Jean.
Jean vehemently opposes this since he cannot imagine not seeing his daughter for such a long period.
Léa’s parents then decide to initiate legal proceedings to decide on custody.
Our courts have long deliberated on the criteria applicable to a request for modification of a minor child’s custody, particularly following a parent’s desire to relocate a distance where shared custody becomes unfeasible.
Several landmark rulings provide clarity on the legal framework for such cases, including Gordon v. Goetz, Watson v. Watson, and MacCallum v. MacCallum.
These three judgments converge on specific criteria that can be summarized as follows :
Our courts have long focused on the criteria applicable for a request to modify a minor child’s custody, especially after a parent wishes to relocate to a distance where shared custody is not viable.
Several principle rulings help illuminate the legal framework in such instances, namely Gordon v. Goetz, Watson v. Watson, and MacCallum v. MacCallum.
These three decisions agree on certain criteria that can be summarized as follows :
Before even assessing the merit of the modification request, the court must ensure there has been a significant change (in our case, relocation) in the child’s situation since the last custody order or agreement between the parties. Thus, the court will only modify the custody or access order if there has been a change in the “resources, needs, or, in general, the situation of the child,” as taught by the ruling in Gordon v. Goertz.
A change in circumstances is not enough. We must demonstrate that the change fundamentally alters the child’s needs or the parents’ ability to meet those needs, as specified in the ruling Watson v. Watson. In other words, the question is whether the order would have been different if the current situation had existed then, as stipulated in the ruling MacCallum v. MacCallum.
If the Court agrees that there indeed has been a significant change in a parent’s situation that substantially affects the child and this change could not have been reasonably foreseen at the time of the first order or agreement between the parties, then the court must examine the custody arrangements and decide which parent will be granted exclusive custody.
If you wish to file a request with the Court and need assistance
Contact us for an initial consultation with one of our lawyers specializing primarily in family law and youth protection.
La question du choix d’école peut être à l’origine de certaines tensions puisqu’il arrive souvent que les parents ne s’entendent pas sur l’école à choisir pour leur enfant lorsque celui-ci atteint l’âge d’entrer à l’école ou même pendant son parcours scolaire.
A psychosocial expertise is an evaluation ordered by the Court, carried out by a social worker or a psychologist.
Our blog on Family Law. Foster Care Until Majority: What Are the Criteria? The Youth Protection Act sets out several …
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Department Head
Rosalie Larouche is the head of the Family Law Department.
Her focus includes family conflicts in the Superior Court, such as child custody, divorce, child and spousal support requests, as well as matters related to youth protection in the Youth Division of the Quebec Court.
Arts and music hold a special place in Me Larouche’s life. Before practicing law, she worked as Communications Manager for Jeunesses Musicales du Canada and later as Artistic Coordinator for the Concours Musical International de Montréal.
A member of the Bar since 2020, Me Larouche holds degrees in law from the Université du Québec à Montréal, in piano from the Royal Conservatory of Music in Brussels, and in cultural organization management with honors from HEC Montréal.
She serves on the board of the Festival de Lanaudière and is a member of the Association des Avocats et Avocates en droit de la famille du Québec.
Legal Assistant
With years of experience in administrative roles and customer service, Leila is an experienced professional dedicated to optimizing efficiency and client satisfaction. Her extensive background enhances our team’s commitment to providing superior quality service.
Lawyer
Me Aurélie Messang joined our team as a student-at-law and later as a family law attorney. Her practice includes handling divorce, separation, parenting time, child support, and adoption cases.
Ms. Messang recognizes the sensitivity of family matters and will guide you through the process with care. Meticulous and attentive to client concerns, she is dedicated to fiercely advocating for your interests.
Education and Memberships:
Faculty of Law, Nancy (Master’s I)
Faculty of Continuing Education – Université de Montréal
Member of the Barreau du Québec
Languages: French
Lawyer
Ms. Perez joined the Riendeau Lawyers team as a lawyer after completing her Bar internship. A graduate of the Université de Montréal, Me Perez practices before the Superior Court of Quebec, covering all aspects of family law, including divorce, child custody, alimony, and financial interests division.
In her practice, Me Perez stands out for her humane approach, attentive listening, and professionalism. Committed to safeguarding her clients’ interests, she will guide you towards sustainable and appropriate solutions for your situation.
Education and Memberships:
University of Montreal (LL.B)
Member of the Barreau du Québec
Languages: French, English, Spanish
Lawyer
Ms. Ndoye joined the family team at Riendeau Avocat in January 2022. A member of the Quebec Bar since 2015, her experience and expertise are valuable assets to our firm, her areas of practice include civil law, family law, youth law, international law, and international child abduction.
Ms. Ndoye studied law in Africa, France, and Canada, earning multiple law degrees from universities on three different continents. This diversity has equipped her with solid knowledge in international law.
Over the years, she has successfully litigated significant cases in the Superior Court and the Court of Appeal of Quebec, covering civil law, family law, and international law. Dedicated to her clients’ interests, she consistently goes above and beyond to reassure them and provide the best chances of success.
Education and Memberships:
LL.L : University of Ottawa
PhD (Doctorate) in Law: University of Strasbourg (France)
Master’s in Law: University of Perpignan (France)
Bachelor’s in Business Law: Université Gaston Berger (Saint-Louis)
Languages: French, English
Legal Technician
Andréann graduated from Collège Ahuntsic in Legal Techniques in May 2020 and spent a year as a court clerk at the Superior Court.
With Riendeau since January 2021, she is deeply passionate about law and legal research. Organized and efficient, Andréann has applied her clerkship skills and knowledge to benefit our firm.
Legal Technician
Valérie graduated from Teccart Institute as a legal technician in April 2020. With a naturally empathetic demeanour and a keen interest in family law, she joined the Riendeau – Family Law team in September 2020. Meticulous and attentive, she consistently works hard to provide the best service to our clients. She is a true asset to our firm.
