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Judgments must specifically recite the terms of custody , visitation , child support and maintenance . This combination of factors has led to the near abolition of the “ tender years ” presumption ; however , some advocates argue that a de facto variation of the presumption still exists.Courts have attempted to ease the pain of custody battles for families by providing ( and sometimes requiring ) mediation , parental education , and other services to divorcing parents or parting never-married parents and their children . We believe that heavily qualifying the admissibility of visitation accounts improves the quality of custody proceedings in three principal ways . Gentleman has clearly explained the arguments in favour of the proposed move , and I do not wish simply to repeat what he has said , but there is one angle that can be looked at in greater detail : the concept of custody . The Quebec concept of parental authority is closer to the concept of custody as it is used in other Canadian jurisdictions . Let us recall , however , that the concept of custody ( and hence of custodial parent or non-custodial ) has been eliminated from the French Civil Code .