Convention de garde partagée (Québec)

A Quebec shared custody agreement (convention de garde partagée) is a detailed legal document that establishes the terms and conditions under which separated or divorced parents will share the physical custody of their children. Governed by articles 599 to 612 of the Civil Code of Quebec (C.c.Q.), which address parental authority, this agreement creates a structured framework for co-parenting that prioritizes the best interest of the child as mandated by article 604 C.c.Q. Unlike a court order, a shared custody agreement is a voluntary arrangement between parents, though it can be submitted to the court for homologation to give it the force of a judgment. The agreement typically covers the custody schedule, including regular week rotations, holiday arrangements, summer vacation plans, and special occasions. It also addresses critical aspects of shared parenting such as decision-making authority for major life decisions affecting the children, communication protocols between parents, transportation responsibilities, relocation restrictions, and dispute resolution mechanisms. In Quebec, shared custody has specific implications for child support calculations under the Regulation respecting the determination of child support payments, as the formula differs from sole custody arrangements.

A shared custody agreement is needed whenever parents in Quebec decide to separate or divorce and wish to share physical custody of their children on an approximately equal basis. This document is essential when parents want to formalize their co-parenting arrangement without immediately resorting to court proceedings, as Quebec law encourages amicable resolution of family disputes. Parents who have completed family mediation, which is offered free of charge for up to five sessions through the Quebec family mediation program for couples with children, often use this template to document the arrangements they have agreed upon during mediation. The agreement is also needed when existing custody arrangements need to be updated due to changed circumstances, such as a parent relocating, children starting school, changes in work schedules, or children reaching an age where their preferences should be considered. Even parents who have maintained informal shared custody may need this document to formalize their arrangement, particularly when applying for child support through Revenu Québec or when one parent wishes to establish clear expectations for the custody schedule. The document provides legal certainty and can help prevent misunderstandings between parents regarding their respective rights and obligations.

The key elements of a Quebec shared custody agreement include several essential components required for a comprehensive and enforceable arrangement. First, complete identification of both parents with their full legal names, addresses, and contact information is necessary. Second, detailed identification of all children subject to the agreement, including their full names and dates of birth, ensures clarity about who is covered. Third, a precise custody schedule must be defined, specifying the type of rotation (alternating weeks, 2-2-3 pattern, or custom arrangement), transition times and locations, and responsibility for transportation. Fourth, holiday and vacation arrangements must address all major holidays, school breaks, summer vacation periods, and special occasions such as birthdays and parental holidays. Fifth, decision-making authority must be clearly delineated, distinguishing between major decisions requiring joint parental consent (education, health, religion, extracurricular activities) and day-to-day decisions each parent may make independently during their custodial time. Sixth, child support provisions should reflect the shared custody formula under Quebec guidelines. Seventh, communication rules establish how parents will communicate about the children, including preferred methods and expected response times. Eighth, a relocation clause addressing notice requirements and distance limitations protects both parents rights under article 606 C.c.Q. Finally, dispute resolution mechanisms and a good faith clause under article 1375 C.c.Q. ensure that both parents commit to cooperative co-parenting in the best interest of their children.