FAQs

The Civil Code of Quebec addresses this at articles 597 to 612. Parents exercise Parental Authority and have the rights and duties of custody, supervision, and education of their minor children. Parents need to exercise Parental Authority without negligence or abuse.

In certain instances, parents can delegate custody, supervision, and education of their minor children. Delegating Parental Authority is temporary and limited in time and could be revoked without any formalities.

Parental Authority can be revoked by the Courts only in certain serious and grave circumstances such that the parent compromises the health and security of the minor child, and it would only happen if it were in the best interest of the child.

The revocation of Parental Authority could be total or partial.

What is more precious than children? Unfortunately, some parents are not capable of caring for their children and in said cicumstances, the role of the court is to intervene so that the children can be protected.

Remember that you have the right to choose your attorney. If you have decided to change attorneys, and you have already chosen your new attorney, the process is easy. All you need to do is sign a mandate with your new attorney. The new attorney will then send a “Notice of Substitution” to your former attorney letting them know of the change and requesting that they transfer your file. They will also notify the Court and the opposing party and opposing counsel. This sort of thing is common in the practice of law.

If the family residence is registered only in the name of one of the spouses, it is advisable to register a Declaration of Family Residence on the property at the Quebec Land Register. The costs are minimal and the protection is worth it.

The procedure serves to protect the family residence and the furniture from being sold, hypothecated or rented without the written consent of the other spouse, even if that spouse is not the registered owner.

Evidently, this simple procedure becomes very important in situations where there are disagreements and litigation between the spouses. It therefore prevents the spouse who is the sole owner from being able to sell or augment the hypothec (mortgage) without the knowledge of the other spouse.

A divorce puts an end to a marriage and there are some basic requirements that need to be fulfilled in order to apply for a divorce. A separation does not impose such requirements and is therefore more accessible for some couples. Furthermore, a separation does not terminate the marriage contract. The current state of your spousal relationship and the time when you and your spouse have been in Quebec are important factors to consider when choosing between divorce and separation. Our attorneys will assist you in making the decision that is better suited for your needs. Please see (here) for more detailed information.

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This can be a stressful decision as it can lead to significantly different outcomes. A divorce puts an end to a marriage, but responsibilities will remain with regards to spousal & child support and the separation of assets and liabilities. In contrast, an annulment of marriage establishes that the marriage never occurred because it was never valid in the first place and therefore no responsibility relating to the marriage remains. Our attorneys possess the competence and experience to guide you in your decision making. For more information, please see [here], or call for an appointment.

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The payment of financial support for a child may constitute a heavy burden. Being able to handle a new life away from your previous family, can be extremely challenging. Paying support while trying to build your business or having to travel for several hours to spend one day with your child can be difficult to afford as can paying support while taking care of elderly parents. In such cases, the Law provides for a reduction in payment obligation due to undue hardship. Our office can assist you through this process.

To read more on this topic, please see our section on Child Support.

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False written or verbal statements about a person to a third party can be harmful to a person’s reputation. False detrimental information published or stated about a person to others can cause loss of money and business opportunities. It can also affect a person’s dignity and lower a person in the esteem of others. The Law recognizes the value of a person’s good name and reputation and provides that a party can be compensated for defamatory statements made against them.

The simple answer is “now”. The more detailed answer is “as soon as you can”. Even
if you do not feel ready, and even if you cannot have an appointment with your lawyer or notary before next month, you never know when something might happen. You should still at least draft a simple holographic testament (handwritten and signed by yourself) to hold you over until you can finalize a more formal notarial will. For more information on this, please see our page on testaments.

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