Family Law in Québec — A Guide for Self-Represented Parents
- •Québec is Canada's civil-law jurisdiction: family law lives in the Civil Code of Québec and procedure in the Code of Civil Procedure — not a Family Law Act and Rules of Court.
- •All family matters go to the Superior Court of Québec (Family Division); the Code of Civil Procedure expressly removes family matters from the Court of Québec (art. 35).
- •Child support follows Québec's own model when both parents live in Québec, and the Child Support Determination Form plus the art. 444 statement are mandatory — a defendant who fails to file cannot be heard in defence.
- •A parenting and mediation information session is required before a contested family case can go to trial (art. 417), and the trial-readiness limit is a strict one year (art. 173).
How the Québec family-law system works
Québec runs on civil law. The rules that other provinces put in a Family Law Act and Rules of Court live instead in the Civil Code of Québec (the substance: parental authority, support, family patrimony) and the Code of Civil Procedure (the process: filing, sworn statements, deadlines). Divorce itself is still the federal Divorce Act, and it is heard by the Superior Court of Québec.
- Superior Court of Québec (Family Division / Chambre de la famille) — divorce, separation from bed and board, parental authority and custody, child and spousal support, family and parental-union patrimony
- Court of Québec (Youth Division) — youth protection and adoption only; the Code of Civil Procedure removes general family matters from the Court of Québec (art. 35)
- Court of Appeal of Québec — appeals
The law that governs Québec family matters
- Civil Code of Québec — the child's interest (art. 33), family patrimony (arts. 414-426), the obligation of support (arts. 585-596), parental authority (arts. 597-612), and the parental-union regime for de facto parents (in force June 2025)
- Code of Civil Procedure, CQLR c C-25.01 — sworn statements (arts. 105-106), the answer and case protocol (arts. 145-150), trial readiness (art. 173), and the special family rules (arts. 410-450)
- Divorce Act, RSC 1985, c 3 (2nd Supp) — divorce and corollary relief for married spouses
- Regulation respecting the determination of child support payments, CQLR c C-25.01, r 0.4 — Québec's own child-support model
Deadlines that decide cases
- Answer the summons: 15 days from service (art. 145) — default judgment is possible after that
- Case protocol: 3 months from service in family matters (art. 149)
- Trial readiness: a STRICT one-year limit from acceptance of the case protocol (art. 173)
- Support or custody applications: presented no less than 10 days after service, and tried by preference (art. 411)
- A party claiming support for itself files its income and expense statement and balance sheet at least 10 days before presentation; the defendant at least 5 days before (art. 413)
Québec-specific procedural notes
- Sworn evidence is a sworn statement under arts. 105-106: made before a commissioner for oaths, recording the date, place, and the name and capacity of the person receiving the oath — the practice wording is "solemnly declare"
- One sworn statement per party in a family matter; the plaintiff may file a second if the defendant filed one, and anything further needs leave of the court (art. 414)
- A contested case touching custody, support or the family/parental-union patrimony cannot proceed to trial unless the parties attended a parenting and mediation information session (arts. 417-419)
- Even a consent agreement is reviewed by the court, which must be satisfied consent was free and the children's interests are protected (art. 415)
- Individuals may file their pleadings in English or French (s. 133 of the Constitution Act, 1867; the Bill 96 certified-translation requirement targets legal persons and is suspended pending Mitchell v. AG Québec)
- SARPA, Québec's administrative support-adjustment service, can recalculate child support without a return to court in eligible cases
Frequently asked
Do I need a lawyer for a Québec family matter?
No. Self-representation is permitted, and the Ministère de la Justice publishes official model applications — including joint divorce applications and joint applications for separating de facto spouses — precisely for people without counsel. Some models are published in French only. For strategy, a one-hour consultation with a family lawyer before filing is money well spent.
Which court do I file in?
The Superior Court of Québec, Family Division, in the judicial district of the parties' common domicile — or, if there is none, the district where one of the parties is domiciled (Code of Civil Procedure, art. 45). The Court of Québec does not hear general family matters.
How is child support calculated in Québec?
Under Québec's own model (CQLR c C-25.01, r 0.4) whenever both parents reside in Québec: both incomes are combined, a basic parental contribution is read from the annually-adjusted table, and the amount is adjusted for custody time and the children's expenses. The Child Support Determination Form is mandatory for both parents, together with the statement required by art. 444 — a defendant who does not file cannot be heard in defence. If one parent lives outside Québec, the Federal Child Support Guidelines apply instead.
Is mediation mandatory in Québec?
Mediation itself is not mandatory, but the parenting and mediation information session is: a contested case involving custody, support or the family or parental-union patrimony cannot be set down for trial unless the parties attended one (Code of Civil Procedure, art. 417). Québec also subsidizes hours of family mediation for parents, and SARPA can adjust child support administratively in eligible cases.
Can I file my documents in English?
Yes, if you are an individual. Section 133 of the Constitution Act, 1867 protects the right to use English or French in Québec courts. The Bill 96 requirement to attach certified French translations applies to legal persons (corporations), and even that requirement is suspended pending a final judgment in Mitchell v. Attorney General of Québec. Many official model forms exist in both languages, though some are published in French only.