Exercising parental authority

According to the law, parents have the right and the duty to care for, supervise, and educate their children. Both parents jointly exercise parental authority over their children, whether they are united or separated.

Thus, parents always remain responsible for their children, unless a court specifically decides otherwise. Therefore, even if custody of the children has been granted to one parent following a separation, the other parent still retains their rights and duties toward their children.

Following a separation, the custodial parent is responsible for the day-to-day decisions affecting the child. However, all major decisions must be made jointly by the parents. Indeed, when it comes to, for example, medical treatment, school choices, travel abroad, etc., the parents must consult each other to make joint decisions. Of course, the obligation to consult the other parent remains until the children reach the age of majority.

In the event that the custodial parent fails to consult the other parent or there is a disagreement over the right decision to make on an important matter, our team at Décarie Stephenson Family Law Lawyers in Gatineau and Ottawa can help you negotiate an agreement and ultimately take the matter to court to resolve the issue.