Family law

Yes. We can handle certain cases including international matters involving custody, child support, and division of property where applicable. We also handle the recognition and enforcement of foreign judgments, as well as applications arising under the Hague Convention.

Yes. Even without a divorce in Quebec, common-law unions raise issues of custody, child support, and property claims. Our lawyers can protect your rights, negotiate fair agreements, and plead before the courts when necessary.

Decisions concerning children must always be made in their best interest, which is a fundamental principle of Quebec family law.

Parental custody and parenting time: Different custody arrangements exist depending on the child’s needs and the parents’ situation.

• Sole custody: the child primarily resides with one parent;

• Shared custody: significant sharing of time between both residences;

• Equal parenting time: equal or nearly equal division of time;

• Determination of custody arrangement according to the child’s best interest;

• Access rights and detailed custody schedule;

• Modification of existing arrangements if circumstances change.

Factors considered by the courts: Judges evaluate several elements to determine the child’s best interest.

• Each parent’s ability to meet the child’s needs;

• Quality of established parent-child relationships;

• Stability of the environment offered by each parent;

• Willingness to foster the relationship with the other parent;

• The child’s opinion according to their age and maturity;

• Geographic proximity of parental residences.

Parental authority: Parental authority concerns important decisions in the child’s life, for example:

• Decisions regarding education, health, and well-being;

• Joint or sole exercise of parental authority;

• Resolution of disagreements between parents;

• Withdrawal of parental authority in serious cases.

Moving and relocation: The custodial parent who wishes to move with the child must follow strict rules, for example:

• Mandatory notice to the other parent;

• Valid reasons for moving;

• Impact on the other parent’s rights;

• Possible opposition and legal recourse.

Special situations:

• Parental alienation: manipulation of the child against the other parent;

• Grandparents’ rights: maintaining important family ties;

• Protection against family violence.

The financial aspects of separation often require the expertise of a lawyer to ensure fairness and the protection of your rights.

Child support: Child support is intended to ensure that the child maintains an appropriate standard of living following the parents’ separation.

Calculation and management:

• Calculation according to the Quebec model for the determination of child support payments;

• Consideration of each parent’s income (salaries, business income, investments);

• Special and extraordinary expenses: childcare, education, extracurricular activities, uncovered medical expenses;

• Automatic annual indexation of support payments;

• Modification in the event of a significant change in circumstances;

• Automatic collection via Revenu Québec;

• Possible retroactivity of child support (up to 3 years depending on the circumstances).

Spousal support: In certain situations, a former spouse may be entitled to spousal support.

• Assessment of need and ability to pay;

• Duration of the union and standard of living during the marriage;

• Impact of the union on earning capacity;

• Temporary or permanent support depending on the circumstances.

Division of family patrimony (married couples): The family patrimony includes the following assets acquired during the marriage:

• Family residences (primary and secondary);

• Furniture furnishing the residences;

• Vehicles used by the family;

• Rights accumulated in pension plans during the marriage;

• Earnings registered during the marriage under the Quebec Pension Plan.

Rules of division: Equal division upon divorce, regardless of the owner’s name. Certain deductions may apply (assets brought into the marriage, gifts, inheritances).

We precisely calculate the amounts due, negotiate fair agreements, and represent your interests to ensure that the division complies with the law.

The end of a marriage requires legal expertise to protect your rights and facilitate this important transition in your life.

Divorce and matrimonial proceedings

A divorce may be obtained in different ways, depending on your situation:

• Divorce by draft agreement (amicable): when the spouses agree on all the consequences of the divorce;

• Contested divorce before the courts: when disagreements persist;

• Interim measures during the divorce proceedings;

• Dissolution of the marriage and its legal effects;

• Division of family property (residences, furniture, vehicles, pension plans);

• Compensatory allowance, where applicable (disproportionate contribution by one spouse);

• Liquidation of the matrimonial regime (partnership of acquests, separation of property).

Separation (without divorce): For couples who do not wish to divorce but want to live separately, or spouses in the process of reconciliation.

Our role: We assist you in choosing the appropriate process (mediation or litigation), prepare all necessary documents, and ensure that your rights are protected throughout the process. We can also represent you in mediation or before the courts, depending on your specific needs.

In Quebec, it is possible for grandparents to apply to the court to obtain visitation rights for their grandchildren under certain conditions. Notably, maintaining these contacts must be in the best interest of the child, which is no longer presumed since a change in the law in 2022. The child’s wishes will be taken into account starting at age 10, and at age 14, the child’s will prevails. In practice, it is the child’s right that takes precedence, not that of the grandparent.

If you have a child in shared custody and one of the two parents wishes to relocate to another city, a relocation request may be filed. This may be subject to a decision rendered by the court if the two parents do not agree on the terms of the new shared custody arrangement.