Chargement...
  • (514) 694-0013 [EXT. 224]

Child custody

Droit de la famille — 161621, 2016 QCCS 3146 (CanLII)

July 6, 2016 Issue: How should the custody and access rights to the children be established?  Complete Decision. The Facts: The parties were married September 16, 2006. Four children were born from their union.  On January 9, 2014 the parties separated. Under their July 2014 agreement, the mother has custody of the children and the father has […]

Read more

Droit de la famille – 15130, 2015 QCCA 215 (CanLII)

The Issue: Shared custody 18 month child.  Complete Decision. The facts: A father appeals a judgement refusing shared weekly custody of the 18 month daughter.  The father had parental capacity.  The trial judge establishes gradually increasing access rights to arrive at shared custody (7/14 days) in 2018 when the child is 5 years old. Decision: […]

Read more

Droit de la famille – 133568 2013 QCCA 2182 (CanLII)

The Issue:  Child maintaining close relationship with both parents.  Complete Decision. The interest of the child commands a priori that the child have a relationship as close as possible with his two parents.  The Court of Appeal maintains the judgement of first instance which granted custody of the 4 year old child to the father […]

Read more

Droit de la famille – 133419, 2013 QCCS 6979

Issue: Criterion considered to satisfy shared custody.  Complete Decision. The Court reiterates the criterion for shared custody, namely: The needs of the  child; the parental capacity to meet the needs of the child; the emotional relationship between the child and the parent and the members of the family; the stability of the child; the psychological environment […]

Read more

Droit de la famille – 132210 2013 QCCA 1398 (CanLII)

Issue: Availability & custody.  Complete Decision. The Court states that the availability of a parent is « one of the important elements to consider in the of custody time» and that this availability should not be evaluated uniquely quantitatively, but also, qualitatively.

Read more

Droit de la famille – 121505, 2012 QCCA 1131 (CanLII)

Issue:  Change of custody because of a move.  Complete Decision. The mother has custody of 3 children (8, 9 and 10 years). She asks to move a 1:45h drive away from the father with the children in order to complete her masters degree.  The father refuses and asks the court for full custody.  The judge […]

Read more

Droit de la famille – 111641, 2011 QCCA 1090 (CanLII)

Issue:  Parental conduct & custody.  Complete Decision. Decision: The conduct or lifestyle of the parents will only be issues in dispute and will only be relevant if they have consequences on the child.  In this case, the Court of Appeal maintained the judgement of first instance where the Superior Court considered, in the evaluation of […]

Read more

Van de Perre v. Edwards, [2001] 2 SCR 1014, 2001 SCC 60 (CanLII)

Issue: Appeal of custody orders.  Complete Decision. Decision:  An appellate court may only intervene in the decision of a trial judge if he or she erred in law or made a material error in the appreciation of the facts.  Custody and access decisions are inherently exercises in discretion. This discretion vested in the trial judge […]

Read more