Legal Options in Québec for Shared Custody with Atypical Work Schedules
When a parent has atypical work hours, such as night shifts, rotating schedules, or a job requiring frequent travel, organizing shared custody can be more challenging. However, Québec law offers several options to adapt custody arrangements to parents’ professional realities while prioritizing the child’s best interests. Here are some possible solutions:
- Flexible Parenting Time Arrangement
Parents can agree on a custody schedule that accommodates their work constraints. For example, custody can be arranged on a cycle longer than a traditional alternating week schedule or planned around the off-duty days of the parent with an atypical schedule. - Flexibility Clause in the Parenting Agreement
A custody agreement can include a flexibility clause allowing adjustments based on professional obligations. This clause can outline communication methods and schedule modifications to ensure the child’s stability while accommodating the parents’ needs. - Primary Custody with Expanded Access Rights
If shared custody is difficult to implement, primary custody with expanded access rights may be an alternative. This allows the parent with an atypical schedule to spend more time with the child during his(her) available periods. - Asymmetrical Shared Custody
Unlike traditional 50/50 shared custody, parents can establish an uneven division of parenting time while maintaining shared custody principles. For example, one parent might have 60% of the time with the child while the other has 40%, based on work availability. - Family Mediation and Custom Agreements
When parents struggle to agree on a custody arrangement, family mediation can help find a solution that balances work constraints and the child’s well-being. - Court Intervention in Case of Disagreement
If parents cannot reach an agreement, the court can establish a custody schedule adapted to both parents’ realities. The judge will consider factors such as the child’s stability, each parent’s ability to meet the child’s needs, and the adaptability of the parent’s work schedule. - Adjusting Custody Based on the Child’s Age
Younger children may require more stability, influencing custody arrangements. As the child grows, greater flexibility may be considered to facilitate shared parenting time.
Although atypical work schedules add complexity to shared custody arrangements, several legal solutions can help tailor custody plans to parents’ realities while ensuring the child’s well-being. Effective communication, flexible agreements, and, if necessary, mediation or court intervention can help establish a balanced and practical framework.
Allen Madelin Avocats offer consultations both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected]
