Superior Court - Family Matters

In Quebec, the Superior Court (Family Division) has jurisdiction - that is, it's permitted by law - to hear requests for divorce, separation from bed and board, annulment of marriage, dissolution or annulment of a civil union, child custody, and disputes over support payments.

When granting a divorce or dissolution of a civil union, the Superior Court must also decide on accessory measures, such as the division of the family patrimony, child custody, access rights, and support payments.

What happens if one of the parties lives outside of Quebec? The Superior Court still has jurisdiction, or authority, to settle the family dispute if one of the spouses is residing in Quebec when the proceedings begin. In the case of divorce or dissolution of a civil union, the spouse must have resided in Quebec for at least one year.

In child custody cases, the Superior Court will hear the dispute provided that the children reside in Quebec. In rare situations, the court can refuse to hear a case if it feels that the judicial authorities of another province or country are in a better position to settle the litigation.

Where a claim relates to adoption or to child protection under the Youth Protection Act, the Court of Québec's Youth Division has exclusive jurisdiction.

Please Note

The rules presented in the section entitled Step-by-step guide to procedure summarize the rules applicable to judicial proceedings filed as of January 1, 2003. However, the text is not a detailed explanation of every single step a file may go through before a judgment is rendered.

Please also note that the peremptory (mandatory) time limit of one year only applies to proceedings commenced as of July 17th, 2004.