Custody and Support

Better Understand Your Rights
on Custody and Support

The custody and support application is a legal procedure that allows a party to request custody of the child(ren) and support for their maintenance.

This application can be made as part of a divorce, separation if the parents are married or as part of a Superior Court application for custody and support for unmarried parents.

The custody application can be made by either or both parents and is intended to determine with whom the child will primarily live. The criteria for deciding custody are based primarily on the best interests of the child. The child’s well-being, health, safety, development and growth are considered the highest priority.

The application for support may be made by the custodial parent to provide for the child’s maintenance. The amount of support is based on the parents’ income and the participation scales set out in the enabling legislation. The parents may also agree on a support amount out of court, which will then be submitted to the court for approval.

Once a custody and support order has been obtained, it is possible to request a modification of custody or support at a later date. This legal procedure allows a party to request a review of the current custody or support order.  This request can be made when circumstances have changed since the last decision or when the needs of the children have changed.  The reasons a party may request a modification vary, but may include changes in work schedules, financial hardship, health issues, or changes in the children’s living situation.

A request to modify custody may be necessary if either parent wishes to change the terms of the current custody agreement. This request may be made if either parent has a change in employment or personal circumstances since the last decision. For example, if one parent has obtained a new job with different hours, this may affect the parent’s ability to care for the children on the established schedule. In these cases, a custody modification may be requested to accommodate the new work schedule.

An application to vary support can be made if either party feels that the amount of support is no longer appropriate. This application can be made if either party’s financial situation has changed since the last decision, for example, if one parent has lost a job or experienced a decrease or increase in salary. In these cases, a variation of support may be requested to reflect the new financial situation.

It is important to note that an application to vary custody or support cannot be made at any time and that there are strict conditions that must be met.  In fact, it is essential to demonstrate before the Court that there has been a major and significant change since the last judgment was rendered.  Otherwise, there will be no possibility of reopening the existing judgment. This request can be made if the circumstances have changed since the last decision or if the needs of the children have evolved. It is important to follow the specific timelines and procedures for filing such an application. However, if you have an emergency, it is possible to file an interim or safeguard order in as little as ten (10) days in order to obtain an emergency modification of the judgment.

It is therefore recommended that you work closely with a lawyer to guide you in making decisions in the best interests of your children, especially since the application for custody and support or for modification can be a complex and emotional process for all parties involved.

Also, the application for custody and support or for a variation can have long term consequences for the family and more particularly for the children. In fact, these applications are important legal procedures that aim to determine the custody of the child and to ensure his or her support needs. It is therefore wise to consult a family law attorney for legal advice and representation when necessary.

Me Martin Larocque divorce lawyer in boisbriand | M2L Avocats

Me Martin Larocque is a lawyer who has been practicing family law for thirty years and can help you. He regularly pleads before the Superior Court of the judicial districts of Terrebonne, Laval and Montreal.