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: […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]