Child Custody (Parenting Orders) — Quebec
Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Since March 1, 2021, "custody" and "access" are gone from the Divorce Act. The new language is "decision-making responsibility" and "parenting time." The change isn't cosmetic — it shifts the question from what the parent is owed to what the child needs.
Every decision about children turns on the best interests of the child. Section 16(3) lists the factors. The factor the statute marks as paramount: the child's physical, emotional, and psychological safety, security, and well-being.
The 2021 amendments also gave Canada its first federal-law definition of family violence. The definition is broad — physical, sexual, psychological, emotional, and financial abuse, plus coercive and controlling behaviour. Courts now have to weigh it explicitly in parenting decisions.
Planning to move with a child? You must give 60 days' written notice to the other parent. The relocation provisions (ss. 16.9–16.96) include presumptions about who carries the burden depending on the existing parenting arrangement.
When does it apply?
These rules cover:
- Divorcing or separating parents with children under 18.
- Common-law parents — handled under each province's family-law statute.
- Non-parents like grandparents can apply for contact orders in defined circumstances.
What to Do If the Other Parent Is Denying You Parenting Time in Canada
- Negotiate a parenting plan first. Courts reward cooperation and punish entrenchment.
- Build a detailed plan covering schedule, decision-making, holidays, transitions, and communication channels.
- Put the child's needs first — actually, not rhetorically. It shows in your evidence.
- Document safety concerns with dates, details, and any corroborating evidence.
- Comply with the 60-day relocation notice if you plan to move.
What should you NOT do?
- Don't withhold parenting time unless there's a genuine safety reason. Self-help backfires in court.
- Don't speak negatively about the other parent to or in front of the child. Judges call this out.
- Don't relocate without notice. The court can order the child returned.
- Don't assume 50/50 is automatic. Canada has no legal presumption of equal parenting time.
- Don't dismiss the child's views. Courts weigh them based on age and maturity.
How Quebec differs from federal law
Child custody in Quebec is governed by the Civil Code of Quebec rather than the common law approach used in other provinces. The fundamental principle is the best interest of the child (articles 33 and 514 CCQ).
- Quebec uses the concept of parental authority (autorite parentale), which both parents share equally regardless of whether they are married, in a civil union, or separated (article 600 CCQ). This is different from the custody/access terminology used in some other provinces.
- When parents separate, they can agree on custody arrangements. If they cannot agree, the Superior Court of Quebec decides based on the child's best interests, considering factors such as the child's needs, the parents' abilities, the child's existing relationship with each parent, and the child's preferences if the child is old enough to express them.
- Quebec courts can order sole or shared custody. Shared custody (garde partagee) is common when both parents are able to care for the child and live reasonably close to each other.
- Quebec's family mediation program is publicly funded: couples with children who separate or divorce are entitled to 5 free mediation sessions with an accredited mediator, paid for by the Quebec government. Mediation is mandatory before going to court for contested custody matters.
- The Youth Protection Act (CQLR c P-34.1) governs situations where a child's safety or development is at risk. The Direction de la protection de la jeunesse (DPJ) can intervene regardless of custody arrangements.
Additional Steps in Quebec
Start with free family mediation — ask the court or visit justice.gouv.qc.ca to find an accredited mediator. If mediation fails, file a custody application at the Superior Court of Quebec. The court may also order a psychosocial evaluation of the family. If a child is in danger, contact the DPJ (youth protection) at 1-800-463-9009.
Relevant Law: Civil Code of Quebec, arts. 33, 514, 599-612 (parental authority); Youth Protection Act (CQLR c P-34.1); Family mediation: Act to promote access to justice (CQLR c A-2.001)
Common Questions
What is the child custody (parenting orders) right in Canada?
Since March 1, 2021, "custody" and "access" are gone from the Divorce Act. The new language is "decision-making responsibility" and "parenting time." The change isn't cosmetic — it shifts the question from what the parent is owed to what the child needs.Every decision about children turns on the best interests of the child. Section 16(3) lists the factors. The factor the statute marks as paramount: the child's physical, emotional, and psychological safety, security, and well-being.The 2021 amendments also gave Canada its first federal-law definition of f...
When does child custody (parenting orders) apply?
These rules cover:Divorcing or separating parents with children under 18.Common-law parents — handled under each province's family-law statute.Non-parents like grandparents can apply for contact orders in defined circumstances.
What should I do if my co-parent in Canada is refusing to let me see my children?
Negotiate a parenting plan first. Courts reward cooperation and punish entrenchment.Build a detailed plan covering schedule, decision-making, holidays, transitions, and communication channels.Put the child's needs first — actually, not rhetorically. It shows in your evidence.Document safety concerns with dates, details, and any corroborating evidence.Comply with the 60-day relocation notice if you plan to move.
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold parenting time unless there's a genuine safety reason. Self-help backfires in court.Don't speak negatively about the other parent to or in front of the child. Judges call this out.Don't relocate without notice. The court can order the child returned.Don't assume 50/50 is automatic. Canada has no legal presumption of equal parenting time.Don't dismiss the child's views. Courts weigh them based on age and maturity.
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.