In some cases, the custody decision may be decided by the parents at the time of separation. If this is the case, it is important for the couple to ensure that their agreements are properly recorded in a legally binding separation agreement. You may want to consider a clause in your court order or a separation contract that specifically identifies these capabilities. Third parties may not understand that education time goes hand in hand with the ability to access this information. Third parties generally do not want to be in the middle of litigation and will want to be sure that the person who gives your consent or accesses information about a child has the right to obtain this information or to give consent. Third parties could find themselves in legal trouble if they provide information to people they are not supposed to have. There are different types of language on this subject that can work in a court decision or agreement. Seek advice from a lawyer if you have these concerns so that your order or agreement can deal with this issue. The Civil Code uses the terms parental authority and custody. The two are not specifically defined.
Parental authority is a broader concept than child care. It includes the rights and obligations under section 599 of the Civil Code, the „rights and obligations of custody, supervision and education” > and the obligation to „keep” children, as well as other responsibilities under other sections of the Civil Code and other Quebec legislation. Section 600 provides that „the father and mother jointly exercise parental authority.” Article 31, paragraph 1, states that, unless otherwise stipulated in this part of the legislation, „the father and mother of a child are entitled to custody of the child in the same way.” Paragraph 4 of Section 30 states that „in any custody proceedings between the mother and father of that child, there is a rebuttable presumption that the court must assign custody of the child to either parent and that all other parental rights relating to the custody of that child should be shared jointly by the mother and father.” In principle, shared custody is a rule of apportioning custody among parents. So if a family has two children, one child can live with its mother and the other with its father. The well-being of any request for custody or access must be determined in the best interests of the child. A parent`s behaviour is not taken into account in a custody decision. If you are applying to amend a final custody decision, read the self-help guide for requesting a change to a final decision or assistance agreement – How to file an amendment available at the courthouse or www.ontariocourtforms.on.ca.