C-25.01, r. 0.2.4 - Regulation of the Superior Court of Québec in family matters

Section 16 Disposition versions

2021-10-07

16. Mandatory information: In all pending cases, the parties must attest to whether or not they are subject to

(a)  a civil protection order provided for in article 509 of the Code of Civil Procedure (chapter C-25.01) or an application concerning such an order;

(b)  an order, an application, an agreement or a decision relating to youth protection; or

(c)  an order, an indictment, an undertaking or a recognizance relating to a criminal matter.

A party in one of the situations referred to in subparagraph a or c of the first paragraph must file a notice with the court office and, if the other party or a child concerned by the proceedings is named, include a copy of the order, undertaking, recognizance, indictment or application concerning a protection order.

A party in the situation referred to in subparagraph b of the first paragraph must file a notice with the court office and, if a child concerned by the proceedings is named, include a copy of the order, application, agreement or decision.

If the situation changes in the course of the proceedings, the party concerned must, as soon as possible, file a new notice with the court office and, if the other party or a child concerned by the proceedings is named, include the documents that show that fact.

A model notice is posted on the Superior Court website.

Decision 2016-05-20, s. 16; Decision 2019-05-21, s. 2; Decision 2021-05-31, s. 5.

2019-06-13

16. Mandatory information: In all pending cases, the parties must attest to whether or not they are subject to conditions regarding another party or their child under an order, undertaking or recognizance provided for in the Criminal Code. Any party subject to such conditions must provide the particulars in a notice filed with the court office and provide evidence of said conditions; the same applies if those conditions are replaced, varied or lifted in the course of proceedings.

When parties apply for custody of a child or tutorship to a child, they must attest to whether or not they are the object of a court decision, a case pending before a court or an agreement with the Director of Youth Protection and, if such is the case, give the particulars of such decision, pending case or agreement.

Decision 2016-05-20, s. 16; Decision 2019-05-21, s. 2.

2016-06-16

16. Child custody and tutorship: A party that applies for custody of a child or tutorship to a child must attest that the child is not the object of a court decision or a pending case before a court or of an agreement with the Director of Youth Protection, or, if such is the case, must give the particulars of such decision or pending case or agreement.

Decision 2016-05-20, s. 16.

Not in force

In force: 2016-06-16

16. Child custody and tutorship: A party that applies for custody of a child or tutorship to a child must attest that the child is not the object of a court decision or a pending case before a court or of an agreement with the Director of Youth Protection, or, if such is the case, must give the particulars of such decision or pending case or agreement.

Decision 2016-05-20, s. 16.