Our lawyer, Me Patricia Zafihary-Gautier, recently secured a favourable judgment for her client in a case involving custody and school choice, bringing an end to a shared custody arrangement that had been in place for over five years.
Context
The parents, who had lived together, separated several years ago. Since then, the child had been in shared custody, alternating between the mother’s home and the father’s home in another city. As the child is set to begin school in September, this arrangement became impractical due to the distance between the two homes.
Position of the Parties
The mother sought custody during the school year to ensure greater stability for the child. The father opposed the change, even though the child had always attended daycare near the mother’s residence.
Key Factor
Neither party contested the other’s parental abilities. The central argument advanced by Me Zafihary-Gautier focused on the parents’ actual day-to-day availability.
- The mother works full-time with a flexible schedule.
- The father juggled multiple responsibilities, combining studies with part-time work.
Court’s Decision
The judge granted custody to the mother during the school year, citing her greater stability and availability given the child’s upcoming school attendance.
Takeaway
When both parents are otherwise equally capable, real availability and daily organization can be a decisive factor for the court.
Congratulations to Me Patricia Zafihary-Gautier for this outcome! Our lawyers do not win every case. See notice.
