Who makes major medical decisions?

It depends on the allocation of guardianship, parental authority, or decision-making responsibility in the law and any agreement or order.

Can both parents access records?

Often both remain entitled to important information, but access can be limited by law or court order. Give providers the current documents.

What happens in an emergency?

The parent caring for the child should obtain necessary emergency care and notify the other decision-maker as soon as safely possible, subject to the order.

How should medication move between homes?

Use labelled supplies, a written dose log, refill responsibility, and immediate notice of missed doses or side effects.

Quebec, Canada

Quebec Medical Decisions: A Parent's Guide

Quebec rules and planning guidance for medical decisions, records, appointments, emergencies, and parental responsibilities.

Legal sources reviewed: August 12, 2026

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In short: The authority to make major health decisions depends on guardianship, parental authority, decision-making responsibility, and the wording of any agreement or order. Day-to-day care during parenting time is not always the same as authority over major treatment.

This guide is educational, not legal advice. The governing law, current order, safety concerns, and facts of the family can change the correct next step.

The Quebec framework

Quebec family law is rooted in the Civil Code of Québec. Parents generally continue to exercise parental authority after separation, even when the child lives mainly with one parent. The court distinguishes parental authority from physical custody and decides contested arrangements in the child's interests.

Parents may reach an agreement through family mediation and can ask the Superior Court to homologate appropriate agreed terms or decide contested issues. Married spouses divorcing also come within the federal Divorce Act, while Quebec civil-law rules remain central to parental authority and support.

What to put into practice

A workable health protocol identifies providers, insurance information, consent responsibilities, medication handoffs, appointment notice, records access, and emergency communication. It should distinguish routine care from major or disputed treatment.

Use precise dates, places, notice methods, and responsibility for costs. Avoid terms such as “reasonable” when parents do not already agree on what reasonable means. The parenting plan builder can organise clauses, and the custody schedule generator can test a calendar. These tools do not create a Quebec agreement or court order.

When agreement is difficult

Separate the issues that need an immediate answer from those that can be reviewed later. A narrow temporary arrangement may protect stability while parents obtain disclosure, legal advice, mediation, or a court date. Where family violence, coercive control, abduction risk, or urgent harm is alleged, ordinary negotiation may be unsafe and urgent legal advice is appropriate.

Keep proposals child-focused and practical. Explain how the requested result affects school, care, relationships, transport, health, and predictable routines. Courts decide under the applicable best-interests framework, not by rewarding the parent who communicates most aggressively.

Official Quebec resources

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.