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COVID-19: For more information, visit our page on family law during the pandemic.

COVID-19: Family law during the pandemic

The health guidelines imposed by the public health authority can have an impact on the exercise of your rights and your children’s rights, particularly in matters of child custody and support payments or in relation to legal proceedings you’ve started or are about to start.

 

Child custody and access rights

The child custody schedule established before the pandemic does not change. One parent alone can’t decide to change their child’s custody. Concerns about possible contamination is not a valid reason for changing what the parents agreed on or what was set out in a judgment.

However, when a parent or a person living with the child has to self-isolate, the child must avoid going back and forth between one home and the other during that period. The regular schedule must resume at the end of the self-isolation period, however.

Visits between a parent and child must also be suspended when the parent with custody lives in a shelter for victims of conjugal violence that imposes isolation measures on its residents. In that case, contact between the child and the other parent must be maintained using technology (videoconferencing, telephone, etc.), to the extent possible.

For any other change you’d like to make to the terms of custody, you must come to an agreement with the other parent or obtain a judgment from the court.

En apprendre plus

Questions and answers on education and families during the COVID-19 pandemic - Children in shared custody (Gouvernement du Québec)

En apprendre plus

Custody and access rights in the COVID-19 era - French only (Société québécoise d’information juridique)

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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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