Easier than you think
Since 1997, in order to standardize judgments relating to this type of pension, the Quebec government created a standard cost estimate using a calculation algorithm, which in turn covers most situations.
This cost estimate takes into account the respective revenues of each parent, the number of dependent children, the type of childcare, as well as the special costs for each child.
The lawyer’s role will be more elaborate when one of the two parents has a standard of living that does not correspond to the stated revenues. This is generally seen when one of the two parents is self-employed.
Having handled more than 3000 Family Law cases, we will be able to assist you
With whom should the child live?
Judges base their decisions on section 33 of Civil code of Quebec, which specifies that decisions regarding children shall be taken in their best interest.
The judge will in no case consider the interest of the father or of the mother, but only the welfare of the child.
One of the key elements is the ability of each parent to take care of the child; in other words, the ability to provide for the physical, affective and material needs of the child.
The judge will evaluate the stability of each parent’s environment, as well as new partners and their relationship with the child, their job stability, how often they move and who is the person who has the closest affective relationship with the child, in other words with whom the child is closest
There will also be the question of the living environment :
- Is the child’s extended family nearby?
- Where are his friends?
- Will he be able to attend the same school?
In general, shared custody is a favourable option for both the parents and the judge. However, it has certain limitations.
First of all, what matters most is the communication between the parents, as they must be able to deal with each other in a courteous manner.
Then, there is a geographic limit to the shared custody. The parents must live close to each other so that their children can attend the same school or daycare from one week to the next.
You can get in touch with me to evaluate which type of child care would best suit your situation and the likelihood of obtaining it.
Mr Sylvain Lemyre, lawyer