Family Court in Quebec: What Survivors Need to Know (Custody, Access, Support)

Quebec's family law system is unique in Canada because it operates under the Civil Code of Quebec rather than the common law used in other provinces. For survivors of domestic violence, navigating this system has changed significantly with two major reforms fully active as of late 2025: the Specialized Court for Sexual and Domestic Violence and the Parental Union Regime.

1. Major Reform: "De Facto" Spouses Now Have Rights (June 2025)

For decades, unmarried ("de facto") couples in Quebec had no automatic rights to property division or spousal support, even after decades together.

• The Change: As of June 30, 2025, the Parental Union Regime is in force.

• Who it affects: Unmarried couples who have a child together (born or adopted).

• What it means for survivors: If you separate, there is now a "family patrimony" (family home, furniture, cars) that may be divided. You are no longer walking away with nothing just because you weren't married.

• Note: This only applies to couples with children. If you have no children, the "no rights" rule largely still applies unless you have a contract.

2. The Specialized Court for Domestic Violence

Quebec has rolled out a Specialized Court (Tribunal spécialisé) across most judicial districts. This is designed to stop survivors from "falling through the cracks" between criminal and family court.

• Integrated Services: You will be assigned a specialized prosecutor and a support worker (from a CAVAC or similar agency) who understands the dynamics of coercive control.

• Testimonial Aids: It is now standard to request screens or video-link testimony so you do not have to look at your abuser in court.

• Safety First: The court focuses on the safety of the victim and children above all else.

3. Terminology: "Authority" vs. "Parenting Time"

Quebec law uses specific terms:

• Parental Authority: The rights and duties regarding the child's education, health, and religion. Even if you have sole custody, the other parent usually retains parental authority unless the court strips them of it (for serious abuse).

• Parenting Time (Temps parental): Formerly called "custody" (garde). This is the physical time the child spends with each parent.

• Contacts: Formerly "access rights." This is for non-parents (like grandparents).

Important: In cases of family violence, you can ask the court to suspend the other parent's parenting time or order that it be supervised (supervisé).

4. Protection Orders: Civil vs. Criminal

You have two main paths to legal protection:

• "810" Peace Bond (Criminal): Requires a police complaint. It is a criminal court order that restricts your ex from contacting you.

• Article 509 Protection Order (Civil): You can apply for this in Superior Court without a police complaint. It can grant you:

  • Exclusive possession of the family home.

  • A ban on the abuser contacting you.

  • Temporary custody of the children.

  • Tip: This is often faster and gives you more control than waiting for criminal charges.

5. Mediation: Is it Mandatory?

Quebec offers 5 hours of free mediation to separating couples.

• The General Rule: Mediation is usually a prerequisite before seeing a judge.

• The Survivor Exception: You are EXEMPT from mandatory mediation if there is domestic violence. You do not have to sit in a room with your abuser. You simply need to inform the mediator or the court clerk that there is a context of violence (violence conjugale), and they will bypass this step.

6. Financial Support

• Child Support: Determined by the "Quebec Model" (which differs slightly from the Federal Tables used elsewhere). It is based on both parents' incomes.

• Spousal Support:

  • Married/Civil Union: Available based on need and means.

  • De Facto (Unmarried): Generally not available, but the new Parental Union rules may allow for a "compensatory allowance" or temporary use of the home to prevent hardship.

Frequently Asked Questions (FAQ)

Q1: Can I change the locks on the house?

It depends. If you are married or in a civil union, you generally cannot exclude your spouse without a court order (like an "Exclusive Possession" order). However, if you are in immediate danger, safety comes first—secure yourself and call the police or a lawyer immediately to file for an emergency order (Safeguard Order / Ordonnance de sauvegarde).

Q2: What is "Rebâtir"?

Rebâtir (Rebuild) is a free government service for victims of sexual and domestic violence. They provide 4 hours of free legal consultation with a lawyer to explain your rights, regardless of your income. Call 1-833-REBÂTIR.

Q3: Does coercive control count in Quebec court?

Yes. Recent amendments to the Civil Code and the Divorce Act explicitly recognize "family violence" as including coercive control, financial abuse, and psychological harm. You should document these behaviors carefully.

Q4: Can I move away with the kids?

Quebec law requires you to give 60 days' written notice before a "significant relocation" of the child. If the other parent objects, you must go to court. Moving without permission can hurt your case unless you are fleeing immediate danger.

Q5: What if I don't speak French well?

The Specialized Court and legal aid services are available in English. You have the right to a translator in criminal proceedings. In family court, you can generally file documents in English in many districts, though judgments may be rendered in French.

Q6: I can't afford a lawyer. What now?

Check your eligibility for Legal Aid Quebec (Aide juridique). Victims of domestic violence often qualify for expanded eligibility or the "Rebâtir" program mentioned above.

References & Resources

• Rebâtir: 1-833-732-2847 (4 hours free legal advice).

• SOS Violence Conjugale: 1-800-363-9010 (24/7 Shelter & Crisis referrals).

• Educaloi: Excellent plain-language legal guides for Quebec.

• Juripop: Affordable legal services for those who don't qualify for legal aid but can't afford private lawyers.

• Legislation: Civil Code of Quebec, Divorce Act.