One of the touchiest issues following a separation of parents is child custody. Several forms of custody are available as long as the best interest of the child is satisfied.
Shared custody (la garde partagée in French) is an arrangement whereby the child/children live for an extended period of time (i.e. one week, two week, a month) with one parent, and then for a similar amount of time with the other parent. Opposite to alternating custody, both parents retain authority over the child/children.
This form of custody is becoming more and more frequent as it takes into account the equal rights of both parents and the interest of the child to keep a significant relationship with both parents as well as their extended family.
When the parents live relatively far one from another this form of custody may however be difficult to apply.
Alternating custody is an arrangement whereby the child/children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. While the child/children are with one parent, that parent retains sole authority over the child/children.
Bird’s nest custody is an arrangement whereby the parents go back and forth from a residence in which the child/children reside, placing the burden of upheaval and movement on the parents rather than the child/children.
Joint custody (la garde conjointe in French) is an arrangement whereby both parents have legal custody and/or physical custody.
Sole custody (la garde exclusive in French) is an arrangement whereby only one parent has physical and legal custody of the child/children. The other parent may or not have visiting rights. Sole custody does not preclude the authority of the non-guardian parent over the child/children.
Split custody (la garde divisée in French) is an arrangement whereby one parent has full-time custody over some children, and the other parent has full custody over the other children.
Third-party custody is an arrangement whereby the children do not remain with either biological parent, and are placed under the custody of a third person
Conflict between parents
When parents don’t agree on the form of child custody and/or visiting rights to be applied it is up to the Court to make the decision. The parent who wishes to see his/her point of view prevail will have to convince the Court that it is in the best interest of the child/children.
Fundamental principles
The very first fundamental principal to be considered by the Court in any decision concerning a child is the best interest of the child and the respect of his rights.
Two other related principles are the fundamental need of the child to maintain a significant relationship with both parents and the equal rights of both parents before the law.