LE PARTAGE DES RESPONSABILITES PARENTALES APRES UNE RUPTURE: UNE MATIERE A DEBAT

Abstract

In Quebec civil law, the parental sharing of responsibilities scheme is the rule in the context of custody litigation. This was confirmed in 1987, by the Supreme Court of Canada in C.(G.) c. V.-F. (T.) . In case of family breakdown, both parents together exercise parental authority. The non custodial parent has a power and a duty of supervision and participation towards the decisions concerning the child. Thus, both parents continue to take together the important decisions concerning the child. Hence, the restrictive interpretation of the notion of custody is applicable in Quebec civil law. This contrasts with common law provinces. However, since 1993, few Supreme Court decisions have questioned this interpretation . Firstly, this paper wants to put forward the idea that the liberal interpretation of custody prevailing in the common law provinces cannot be applicable in Quebec, according to the rules in place. Secondly, the author wants to initiate a reflexion on the sharing of parental responsibilities to find a solution respecful of the interests of the child and to put an end to the ambiguity in the custody litigations for broken families.