Common Law Separation Quebec: Custody Rights for Unmarried Parents

Quebec Treats Unmarried Parents Differently — and the Rules Just Changed

If you're a common-law parent (conjoint de fait) separating in Quebec, your custody situation follows a different legal track than married couples. The Civil Code of Quebec — not the federal Divorce Act — governs your parenting arrangement. You'll use the traditional terminology of "custody" (garde) and "parental authority" (autorité parentale) rather than the Divorce Act's "parenting time" and "decision-making responsibility."

And if you have a child born or adopted on or after June 30, 2025, the landscape shifted significantly with Bill 56's new parental union regime. For the first time, Quebec's unmarried parents with qualifying children have mandatory property-division rules that directly intersect with custody decisions.

Your Parental Authority Is Equal — Married or Not

Under Article 600 of the Civil Code, both parents hold equal parental authority regardless of marital status. That means you share decision-making power over your child's education, medical care, religious upbringing, and residence. This authority doesn't depend on whose name is on the birth certificate or who was the primary caregiver during the relationship.

Separation doesn't strip either parent of these rights. Only a court order based on serious grounds — violence, abandonment, or severe neglect — can remove parental authority from one parent.

The Bill 56 Parental Union Regime

Before June 30, 2025, unmarried parents in Quebec had virtually no default property rights upon separation. Bill 56 changed this by creating the parental union (union parentale), which automatically applies when common-law partners have a child born or adopted on or after that date.

The regime creates a "parental union patrimony" that must be divided equally upon separation. This patrimony includes:

• Family residences (primary and secondary)
• Household furniture used in those residences
• Family vehicles

One critical difference from married couples: the parental union patrimony does not include retirement plans, RRSPs, or pension benefits by default. If partners want to include or exclude assets from the patrimony, they must sign a notarized deed.

This matters for custody because the family home is now part of the patrimony. A court can grant temporary use of the home to the parent who has primary custody, regardless of legal title. Your custody proposal and your housing situation are now linked in ways they weren't before 2025.

Which Court Handles Your Case

Common-law parents in Quebec were historically limited to the Court of Quebec for custody disputes. Bill 91, assented to in April 2025, established the Unified Family Tribunal within the Court of Quebec to handle parental unions, civil unions, and child filiation matters.

However, an ongoing constitutional challenge (Goldwater c. Procureur général du Québec, 2025 QCCS 2057) questions whether transferring these matters from the Superior Court to a provincially appointed court is valid under Section 96 of the Constitution Act. The status of this litigation may affect your filing route, so check with the court registry in your district before filing.

If your custody claim connects to a broader constitutional or jurisdictional issue, it may be joined to proceedings in the Superior Court instead.

Child Support Works the Same Regardless of Marital Status

Quebec's child support model applies equally to married and unmarried parents. The calculation uses the same income-shares formula: both parents' disposable incomes are combined, the Basic Parental Contribution Determination Table identifies the annual obligation, and each parent pays proportionally based on their share of combined income.

The custody split directly affects the formula:

• Shared custody (146–219 nights each): the parents' contributions offset each other, with the higher-income parent paying the difference.
• Sole custody with prolonged visiting (73–146 nights for the visiting parent): a graduated reduction applies.
• Sole custody with ordinary visiting (under 73 nights): the non-custodial parent pays their full proportional share.

The 2026 basic deduction is CA$13,865 per parent. Income taxes and standard payroll deductions are not subtracted — they're already factored into the contribution tables.

Free Mediation and the Mandatory Information Session

Common-law parents with minor children have access to the same five free hours of family mediation available to married couples. Under Bill 91, parents in parental unions must attempt mediation before proceeding to trial, unless domestic violence is involved.

Before that, you'll need to attend the mandatory 2.5-hour Parenting After Separation information session if you and your co-parent disagree on any aspect of your arrangement. The session is free, and parents can attend separately.

Building a Custody Agreement as Unmarried Parents

The process mirrors what married couples go through: draft a detailed parenting plan, attempt mediation, and have the agreement homologated by the court to make it enforceable. The plan needs the same components — regular schedule, holiday rotations, exchange logistics, communication rules, and decision-making clauses.

The Quebec Child Custody & Parenting Plan Guide covers both married and common-law frameworks, including dedicated sections on how the parental union regime connects your custody proposal to housing and property decisions.

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