Separation and divorce
Changes in child custody
Generally, a judgment concerning the custody of a child is valid until that child turns 18. However, you can modify custody arrangements if a change in your situation occurs. To do this, you can either reach an agreement with the other parent or ask a judge to order the changes.
Did you know?
Since March 2021, the Divorce Act uses the term “parenting time” rather than “custody” and “access rights” when referring to the time that a child spends with each parent.
This means that if you were married, your legal proceedings and the court’s judgments will use the term “parenting time”.
However, the terms “custody” and “access rights” are still used for de facto spouses (also known as common law spouses).
Come to an agreement with the other parent
If you and your ex-partner agree on the custody changes, it’s a good idea to put your agreement in writing to avoid any misunderstandings.
You can also “homologate” your agreement, which means getting it approved by a court through a judgment.
Homologate your agreement without a lawyer
- De facto spouses: Demande conjointe en modification de la garde, des droits d'accès et de la pension alimentaire pour enfants à l'intention des conjoints de fait séparés - French only (Justice Québec)
- Married spouses: Demande conjointe de révision de mesures accessoires après un divorce, une séparation de corps ou la dissolution d'une union civile - French only (Justice Québec)
Get help from a lawyer to homologate your agreement at low cost
Homologation Assistance Service (Commission des services juridiques)
Go to court
If you and the other parent are unable to reach an agreement, you can go directly to court.
In this case, you must show that a significant change has occurred, either in your child’s needs, or in the ability of you or your ex–partner to take care of the child. You must also provide proof that this change was unforeseen when the custody arrangements were originally made.
Here are some examples of changes that might be considered significant:
- You’re moving away and the current custody arrangements are no longer possible as a result.
- Your child is beginning high school, and this is preventing shared custody, which had been the arrangement until that point.
Learn more about reasons allowing a change in custody
- Changes in Child Custody (Éducaloi)
- When the Parent With Custody Moves Away (Éducaloi)
- How do judges decide on child custody when the parents can’t agree? (JuridiQC)
Apply for a change in custody without a lawyer
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De facto spouses: Changing a Judgment (Éducaloi)
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Married spouses: Changing a Divorce Judgment (Éducaloi)
Emergency situations
If the other parent doesn’t agree with the custody changes you’re suggesting and your situation is urgent, you can ask for a “safeguard order“ to obtain a quick decision (in a few days or a few weeks).
However, the judge’s decision will be temporary, and you’ll have to go back to court later for a permanent decision.
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WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.
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