Child custody issues in Quebec are governed by the Civil Code of Quebec. Based on its provisions the Court would determine particular modalities, parents’ obligations and the child’s rights.
Child custody in Quebec
Child custody in Quebec is not connected as strongly to parental authority, supervision and decision-making as in many other jurisdictions. A non-custodian and a custodian parent by default have equal rights to be informed and to make decisions about the child’s well-being. Of course, the Court may impose certain limits, but those should be justified by the parent who is asking for them.
Decisions about a school choice, summer vacations, travelling, sports and artistic activities of the minor children and their costly plans should be normally taken in concert by both parents. A custodian parent (or a parent who is paying more in child support and other expenses) does not have some edge.
As always, but for the legal truth there is a practical one. In reality the custodian parent often has more influence on a child, his relationship with the other parent and his preferences (which, in turn might be a factor in determination of the child’s best interest in Court). Everyday supervision gives some leverages that could be used in bad faith. To counterbalance this, the notion of parental alienation is used. If the Court is convinced that the custodian parent is using his position to alienate the other one, custody arrangements can be modified to improve the child’s relationship with the other parent.
Unfortunately, it is not uncommon when a custody battle is not about the parents’ relationship with the child but more about personal vengeance of the parents against each other or about money — the amount of child support to pay. What is often forgotten, though, that the child support is not paid to the custodian parent, but to the child. Yet, of course, the custodian parent, as the child’s legal tutor, disposes of his money. And again, not always wisely. In theory, the child, once becoming of full age, can ask for an accounting report from the custodian parent, but, of course, it does not happen often.
Allen Madelin Lawyers work on daily basis Family law legal issues, including child custody. First consultation is offered for $ 125. For details, please contact us by phone: 1 514 904 4017 or by email: [email protected].
