Child Custody (Parenting Orders) in Quebec
Reviewed by the Commoner Law Editorial Team. 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, the terms "custody" and "access" have been replaced with "decision-making responsibility" and "parenting time" under the updated Divorce Act.
All decisions about children must be based on the best interests of the child. Section 16(3) lists detailed factors the court considers. The most important factor is the child's physical, emotional, and psychological safety.
The 2021 amendments also defined family violence for the first time in federal law. It includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
If a parent wants to relocate with a child, they must give 60 days' written notice to the other parent.
When does it apply?
These rules apply to:
- Divorcing or separating parents with children under 18.
- Common-law parents — covered under provincial family law statutes.
- Non-parents such as grandparents may apply for contact orders in certain situations.
What to Do If the Other Parent Is Denying You Parenting Time in Canada
- Try to agree on a parenting plan first — courts prefer parents who cooperate.
- Create a detailed plan that covers the schedule, decision-making, holidays, and communication.
- Put the child's needs first in every decision.
- Document any violence or safety concerns with dates, details, and any evidence.
- Follow the 60-day relocation notice requirement if you plan to move.
What should you NOT do?
- Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.
- Don't speak negatively about the other parent to or in front of the child.
- Don't relocate without giving proper notice — the court can order the child returned.
- Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.
- Don't ignore the child's views — courts consider what the child wants, depending on their 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
When does child custody (parenting orders) apply?
These rules apply to:Divorcing or separating parents with children under 18.Common-law parents — covered under provincial family law statutes.Non-parents such as grandparents may apply for contact orders in certain situations.
What should I do if my co-parent in Canada is refusing to let me see my children?
Try to agree on a parenting plan first — courts prefer parents who cooperate.Create a detailed plan that covers the schedule, decision-making, holidays, and communication.Put the child's needs first in every decision.Document any violence or safety concerns with dates, details, and any evidence.Follow the 60-day relocation notice requirement if you plan to move.
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.Don't speak negatively about the other parent to or in front of the child.Don't relocate without giving proper notice — the court can order the child returned.Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.Don't ignore the child's views — courts consider what the child wants, depending on their age and maturity.
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