According to the law, it is the parents’ right and duty to care for, look after, and educate their children. Both parents exercise parental authority on their children together, whether they are together or separated. This way, parents always stay responsible for their children, unless a judge specifically decides otherwise. So, in case of separation, even if the children’s custody was given to one of the parents, the other parent still has rights and duties towards his children.

Following separation, the custodial parent is responsible for the daily decisions related to the child. However, all important decisions must be taken together by the parents. For example, when it comes to things like medical treatments, choosing schools, going abroad, etc., parents must consult each other and make decisions together. Of course, the obligation to consult each other is only valid until the children are of legal age.

In the event where the custodial parent fails to consult the other parent or if there is a disagreement on what the right decision is for an important matter, our family law lawyers from DS Décarie Lawyers in Gatineau, can help you negotiate an agreement and ultimately take the case to court to rule on the matter.

Shared custody and the Covid-19 pandemic

Anyone will tell you many struggles have been added lately, with the addition of worries related to health recommendations and regional restrictions imposed by the Covid-19 pandemic. How can you organize gatherings for the holidays while respecting the child’s custody rules? Do you have worries when it comes to your ex-partner following the recommendations given by public health? Does your ex-partner work in healthcare or retail trade, and do you fear for your children’s health?

Courts tend to claim that the risk related to the Covid-19 pandemic itself is not a sufficient motive to alter the existing custody, nor to deprive a child of their parent’s presence or of their right to go to school. This way, if the person does not have the infection or the symptoms, the status quo is what will matter.
However, if you have particular worries related to Covid-19, the family law lawyers from DS Décarie Lawyers can help you negotiate a friendly temporary agreement with the other parent and a modus operandi that will reassure you or ultimately bring the case to court to rule on the matter.

  • Demands related to the exercise of parental authority
  • Demands related to school choice
  • Demands related to a parent’s move
  • Demands related to medical decisionsà
  • Covid-19 custody modifications
  • Authorization to travel

Do you need a family law lawyer to negotiate or establish the terms to the exercise of parental authority?

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