In all litigation regarding child custody rights, the child’s interests always come first in the assessment by the Courts. Thus, the Court will examine what is in the child’s best interests in the light of the facts presented, without relying on the parents’ preferences. When child custody rights are in question, the Court asks the parents to participate in a family mediation session to try to resolve the conflict peacefully. In case of a disagreement, the Court will decide on the application and will evaluate the respective parental capacities of each parent, based on several factors determined by case law, before ruling on the question.
The Judge will have to ensure that the parent who obtains custody of the child facilitates the child’s contact with the other parent, as provided by law. The relationship between the grandparents and the grandchildren must also be favored. The Judge may decide to re-examine the situation later. The Judge may also take the child’s request into account, if he or she considers it reasonable.
If you want to request custody or access rights, consult one of our lawyers to help you institute legal proceedings. We know how difficult this process might be for you and your family and we are committed to assist you during the entire legal proceedings.