---
title: "Can a Cohabitation Agreement Decide Child Custody in Quebec? ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/can-a-cohabitation-agreement-decide-child-custody-quebec"
last_updated: "2026-09-15T21:59:57.839Z"
locale: en
meta:
  description: "In Quebec, a cohabitation agreement can set property and money terms, but not binding custody or child support—those follow the child's best interests (art. 33)."
  "og:description": "In Quebec, a cohabitation agreement can set property and money terms, but not binding custody or child support—those follow the child's best interests (art. 33)."
  "og:title": "Can a Cohabitation Agreement Decide Child Custody in Quebec?"
---

# Can a cohabitation agreement decide child custody in Quebec?

Only partly. A cohabitation agreement can validly deal with financial and property matters between the partners—ownership, expenses, the home, and support between themselves. It cannot, however, definitively settle matters concerning the children. Decisions about custody, parenting time, decision-making, and child support are always governed by the best interests of the child under article 33 of the Civil Code of Québec, and child support in particular exists for the child's benefit and follows the applicable guidelines. Parents can certainly record their intentions and a proposed parenting plan, and courts often respect sensible agreements, but such terms cannot bind a court against the child's interest, and a court can revisit them. Parental authority itself is exercised by both parents under articles 599 to 600 C.c.Q.

Civil Code of Québec, art. 33 (best interests of the child) Civil Code of Québec, arts. 599–600 (parental authority)