With whom should the child live?
- The judge base their decisions on Article 33 of Code civil du Québec, which specifies that the decision for the child care issue will only be taken in the best interest of the child.
- The judge will in no case consider the interest of the father or of the mother, but only the welfare of the child.
- One of the key elements will be the ability of each parent to take care of the child; in other words, the ability to provide for the physical, affective and material needs of the child.
The judge will evaluate the stability of each parent’s environment, as well as the new partners and their relationship with the child, their job stability, the frequency of their moves, and the determination of the person who has the closed affective relationship with the child, in other words with whom the child is the closest.
- There will also be the question of the environment
- Is the extended family at proximity?
- Where are his friends?
- Will it be possible for the child to attend the same school?
- In general, the shared child care is a favourable option for both the parents and the judge. However, it has certain limitations :
- First of all, what matters most is the type of communication between the parents; they must be able to deal with each other in a courtesy fashion.
- Then, there is a geographic limit to the shared child care. The parents must live in proximity of each other, in order for the children to be able to attend the same school or daycare centre at all times.
You can get in touch with me to evaluate the best child care type that will be best suit your situation and the probabilities of obtaining it.