Is it sole or shared custody?

Custody in both of the cases you mention is calculated and based on two different sets of laws and definitions. It is then quite possible, in certain circumstances, to have sole custody or custody with extended access rights in one case, and sole or shared custody in the other.

We only have part of the agreement so the following remarks will have to be made under reserve of both the actual intentions of both you and your ex-spouse in the wording and writing of your agreement, as well as under reserve of any other provision contained in the agreement. Based on what you have supplied, your would have sole custody of your child, your ex-spouse having access rights or extended access rights, yourself having between 75% and 80% of overall custody of your child, depending on school start and finish times. If you are inquiring for purposes of Child support determination, custody is calculated on a yearly basis and calculated by the hour, albeit very short periods of access time are not usually taken into consideration. In this particular case, you would calculate from the hour when the child finishes school to the time when the child starts school again, the parent with declared custody being responsible for the child at any other non-specified time.

The Régie des rentes du Québec calculates custody a little bit differently insofar as it bases it calculations on a monthly basis instead of on a yearly basis. While still calculated by the hour, the Régie establishes the type of custody every first of the month. Certain circumstances might occur for example where the percentage of custody differs insofar as a month might sometimes have 28 or 31 days or for example if a parent is allotted 3 full weeks of vacation time with the child in a particular month. It is also important to note that the Régie is not bound by Court decisions in its calculation, determination could be granted on actual time spent with the child rather than time allotted in a judgment.

In your particular situation, other factors could intervene to warrant the Régie des rentes’ decision that you have shared custody but the information provided does not seem to warrant a shared custody decision.