Canadian or Quebec family law covers the relationships between spouses and between parents and their kids. Marriage, divorce, child custody, child support, spousal support, and parental alienation are governed by federal and provincial laws. The following guide sheds light on the different areas of family law relevant to Quebec.
Family Law in Québec
When it comes to Quebec family law, there is a common-law influence since marriage and divorce fall under the ambits of federal jurisdiction. Quebec’s 1980 Civil Code repealed ‘paternal authority’ and emphasized the equality of spouses.
So what is family law and what are its different aspects? The different areas of Quebec’s family law and the respective regulations are as follows:
Divorce & Separation
As with other provinces, the divorce in Quebec is governed by the Divorce Act. However, the province has its own divorce process. This covers the way a local Court processes an application – either in a judicial or administrative manner.
There are different stages from application filing through the release of a final divorce judgment. These steps vary based on the type and complexity of the dispute.
Article 493 of the Civil Code of Quebec defines legal separation as “separation from bed and board.” You can file for a legal separation if the following conditions are met:
- There is adequate evidence to demonstrate that the marriage can no longer be continued.
- You are living apart at the time of filing for separation or either spouse has been unable to meet their marital requirements.
Child Custody & Access Rights
Child custody and parenting rights are among the most complex and often highly contentious parts of a family law case. Once a marriage has been nullified by the Court, the rights of the child in that relationship will not be affected and are protected by the Civil Code’s article 381.
As a parent, you want what is best for your child. However, a separation also means having to deal with an ex-partner who may not be on the best terms with you. The Courts have principles and rules in place that guide their decisions in the area of child custody and access rights.
The Civil Code of Quebec article 600 lays down that the parental authority rules for the mother and father. If complications arise, the individual holding parental authority can approach the Court. The Court can then make a decision in the child’s interest under article 604.
Parental authority decisions revolve around the child’s:
- Religious teachings
- Medical treatments
- Residence
- Education
- Religious teaching
- Overall health
Child Support
When you have a child in a common-law relationship or marriage, family law requires you to ensure the financial needs of the child are addressed. Child support refers to the money one parent needs to pay to the other to meet these needs after separation.
The child support guidelines include:
- The Quebec government guidelines apply when both parents live in the province.
- The federal guidelines apply when one parent lives in another Canadian province.
The different areas covered under the basic child needs include:
- Shelter & food
- Clothing
- Personal hygiene
- Household expenses
- Transportation
- Leisure activities
- Communications
- Furnishings
Spousal Support
The Court can also order spousal support as part of a divorce under the guidelines laid down in the Divorce Act article 15.2(1) or the Civil Code of Quebec article 511, whichever is relevant. The payments can be in the form of a lump sum amount or periodic payments.
The following factors are taken into account when the Court determines the support:
- The duration of cohabitation between the spouses
- The roles played by each spouse during cohabitation
- Any order, arrangement, or agreement relevant to the support of either spouse
Parental Alienation
Parental alienation can have a significant impact on the dynamics of the divorced family and the child’s well-being. Parental alienation can occur in different forms. For example, one instance includes where a parent can intentionally manipulate the child’s relationship with the other parent.
Under the family law system, the Courts recognize the importance of retaining a meaningful relationship between both the parents and the child. It also concerns the importance of promoting the best interests of the child.
So, these are the most common areas covered by the family law system. If you are considering a divorce or legal separation, it is important to seek the help of an attorney with specialized qualifications and experience in family law.