Quebec Homologation Assistance Service (SAH): How to Modify a Custody Agreement for $651

What the SAH Does

Quebec's Homologation Assistance Service (Service d'aide à l'homologation, or SAH) is one of the most underused family law services in the province. It exists to help parents who have already agreed on changes to their custody, parenting time, or child support arrangement convert that agreement into a legally binding court order — without hiring a private lawyer and without appearing in court.

The SAH is operated by Quebec's legal aid system (Commission des services juridiques), but here is the part that surprises people: you do not need to qualify for legal aid to use it. The service is available to all Quebec residents, regardless of income. The cost is CA$651 total, split equally between parents at CA$325.50 each. If you do qualify for gratuitous legal aid based on income, the service may be free.

Compare this to the alternatives: hiring a private family lawyer to draft modification documents typically costs CA$1,500 to CA$3,000 or more, and a contested modification application can run into the tens of thousands. The SAH is designed for the scenario where both parents agree on the changes but need help converting that agreement into proper legal form.

When to Use the SAH

The SAH handles modifications to existing court orders or homologated agreements. Common situations include:

• Changing the parenting schedule. The children are older, the parents' work schedules have shifted, and the alternating-weeks arrangement that worked for kindergarten does not work for high school.
• Adjusting child support. A parent's income has changed significantly. (Note: if the only change is income-based, SARPA at CA$57.25 may be a faster option. But if the custody schedule is also changing, the SAH handles both in one application.)
• Formalizing an informal arrangement. Parents who have been operating under an informal schedule change for months — without updating the court order — need to formalize the arrangement to protect their legal rights.
• Adding or modifying clauses. New provisions for travel consent, communication protocols, or exchange logistics that were not in the original order.

The SAH does not handle cases where parents disagree on the proposed changes. If one parent wants to modify the arrangement and the other opposes it, the contested modification route (filing a motion with the court) is the only option.

How the Process Works

1. Both parents agree on the changes they want to make. This does not need to be a formal written agreement at this stage — even a clear verbal understanding of the key terms is enough to get started.

2. Either parent contacts their local community legal centre (centre communautaire juridique) and requests the SAH service. The centre confirms eligibility (both parents must reside in Quebec and have an existing custody or support order) and opens the file.

3. A legal aid lawyer is assigned. This lawyer acts as a neutral drafter — they do not represent either parent. Their role is to interview both parents (separately or together, depending on the office), draft the modification documents in legally proper form, and ensure the agreement is complete and internally consistent.

4. The lawyer drafts the modification documents, which typically include:

   • A consent declaration from both parents
   • The revised parenting schedule, support amount, or other modified terms
   • An updated Child Support Determination Form (Annexe I) if support is changing
   • Any supporting financial documents required by the court

5. The documents are filed with the court. Depending on whether the parents are married (Superior Court) or unmarried (Court of Quebec/Unified Family Tribunal), the file goes to the appropriate registry.

6. A judge or Special Clerk reviews and homologates the agreement. If the terms are fair, internally consistent, and in the child's best interests, the agreement becomes a legally binding court order — without a court appearance. The parents receive certified copies by mail.

Timeline: The processing time depends on the legal-aid office and court registry. Confirm the current estimate when you open the file.

What the SAH Does Not Cover

• Contested modifications. If either parent disagrees, you need a court application.
• First-time custody or support orders. The SAH modifies existing orders — it does not create new ones.
• Complex property division. If the modification involves dividing real estate, pension valuations, or business assets, a private lawyer or notary is needed.
• Emergency orders. If a child is at immediate risk, you need a safeguard order (ordonnance de sauvegarde) from the court — the SAH's timeline is too slow for emergencies.

Preparing for the SAH Appointment

To make the process as efficient as possible, bring:

• A copy of the existing court order or homologated agreement
• Both parents' recent tax returns, Notices of Assessment, and pay stubs (if child support is being modified)
• A written summary of the agreed-upon changes — the more specific you can be about the new schedule, support amount, and any new clauses, the faster the lawyer can draft the documents
• Identification for both parents

If you have used Quebec's subsidized mediation program to reach the agreement, bring the mediator's summary of agreements (résumé des ententes) — this gives the SAH lawyer a ready-made starting point.

The SAH and Parenting Plans

Many parents use the SAH to formalize a comprehensive parenting plan for the first time. The original divorce judgment may have included only basic custody terms ("shared custody, alternating weeks"), and the parents now want a detailed plan covering holidays, communication, travel, exchange logistics, and decision-making protocols. The SAH can handle this as a modification — you are not required to have a dispute to use the service.

For help building a detailed parenting plan to bring to the SAH appointment, the Quebec Child Custody & Parenting Plan Guide provides structured worksheets that cover every component Quebec courts expect to see.

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