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

Section 38 Disposition versions

2021-10-07

38. Mandatory information: Every application to vary the conclusions of a previous judgment or order must be supported by an affidavit and contain the following information:

(a)  the current civil status of the parties;

(b)  the residential address of the parties and the residential address, age and sex of their dependent children;

(c)  the current arrangements for custody, access, the allocation of parenting time, contact and the exercise of parental authority and parental decision-making responsibility;

(d)  the current amount of support and the amount requested;

(e)  the amount of arrears, if any;

(f)  the changes presented to support the application and, if applicable, the notice of relocation provided for in subsection 16.9(1) of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)).

Every application made under the Divorce Act to vary a support order, with respect to a respondent who resides in another province or territory of Canada and has not filed a defence or requested a conversion, must be accompanied by written proof of its notification to the administrator of a last resort assistance program in the province or territory to which the debt may have been assigned.

Decision 2016-05-20, s. 38; Decision 2021-05-31, s. 26.

2016-06-16

38. Mandatory information: Any application to vary, rescind or suspend corollary relief must be supported by an affidavit and contain the following information:

(a)  the current marital status of the parties;

(b)  the address of the residence of the parties and their dependent children’s address, age and sex;

(c)  the current terms and conditions of any child custody and access arrangements;

(d)  the current amount of support and the amount requested;

(e)  the amount of arrears, if any;

(f)  the changes in circumstances that support the application.

Decision 2016-05-20, s. 38.

Not in force

In force: 2016-06-16

38. Mandatory information: Any application to vary, rescind or suspend corollary relief must be supported by an affidavit and contain the following information:

(a)  the current marital status of the parties;

(b)  the address of the residence of the parties and their dependent children’s address, age and sex;

(c)  the current terms and conditions of any child custody and access arrangements;

(d)  the current amount of support and the amount requested;

(e)  the amount of arrears, if any;

(f)  the changes in circumstances that support the application.

Decision 2016-05-20, s. 38.