Child Custody Lawyers

Child custody is often a key issue following a separation or divorce. However, other circumstances may also justify the need to revisit or clarify custody arrangements. This can include, for example, a specific custody concern or a request to review an existing agreement.

Discussions typically revolve around issues such as custody schedules, access rights, management of vacation periods or holidays, and decisions concerning the child’s health and education.

Keep in mind that the type of custody and the conditions established will always aim to best meet the child’s needs and safety.

Have you reached an agreement and are now ready to implement it? 

Whether the agreement is reached directly between the parties or through mediation, our lawyers are here to formalize the agreement. We will draft a detailed parenting plan, outlining all agreements made by both parties. This includes the division of parental responsibilities, custody arrangements, specific schedules, and any particular considerations to anticipate.

The aim of this document is to eliminate ambiguity and ensure stability in the children’s daily lives.

Once the agreement has been drafted and signed by both parties, it must be submitted to the Court for homologation in order to give it full legal effect. Once the agreement is homologated, it carries the same legal weight as a judgment rendered by a judge and must be respected in accordance with the law.

Did you know that a homologated shared custody agreement comes with certain advantages? For instance, it can simplify procedures such as registering your children for school or applying for a passport when planning a trip.

Despite our lawyers’ best efforts to encourage an amicable resolution, some situations make it impossible for the parties to come to an agreement. When this occurs, the conflict can escalate, leading one parent to bring the matter before the Court.

In such cases, it’s up to the judge to hear both sides, assess the case thoroughly and render a decision that serves the best interests of the child. To this end, several elements will be taken into account, including:

• Each parent’s parental capacities
• The child’s living environment
• The level of involvement of each parent
• The general health of each parent, as well as lifestyle habits
• The parent-child bond
• The child’s own wishes, depending on their age
• And other relevant circumstances

In certain situations, particularly those involving children, it is possible to bring an urgent application before the Court, even before a trial on the merits has been scheduled.

This type of legal procedure is often used when immediate action is required to protect the child’s best interests while awaiting a final ruling. At this stage, the judge will render temporary decisions based on specific urgency criteria, such as:

• The imminent risk to the child’s safety or well-being
• The need to ensure the child’s immediate stability in their environment
• The urgency of maintaining or restoring parental contact following a sudden separation
• Exceptional circumstances requiring quick intervention to protect the child’s rights
• The inability of one of the parents to provide a safe environment in the immediate future
• And other compelling factors

Although temporary, these decisions can significantly impact both parties until the trial on the merits is held and the Court issues a final judgment.