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What the law allows you to ask for while a family case is under way

Verified on 9 August 2026Version 1.0General information, not legal advice

When a family case is open, many people believe nothing can move until the final judgment. The Code of Civil Procedure says otherwise, in plain words. This page does not advise you to bring any particular application: it names what exists, cites the article that provides for it, and leaves the rest to a lawyer.

What a court may order, at any time

Article 49 gives courts and judges, at trial and on appeal, "all the powers necessary to exercise their jurisdiction". It states that they may, at any time and in all matters, issue · even on their own initiative · injunctions, protection orders or safeguard orders of the parties' rights, "for the period and subject to the conditions they determine".

Source: Code of Civil Procedure, art. 49 (LégisQuébec) · read on 9 August 2026.

Provisional measures, in the same application

Article 143 provides that one application may join several objects. It adds a sentence that matters to a family: in family matters, the conclusions of the application may relate to provisional measures, to applications for custody or support, as well as to the main application.

Source: Code of Civil Procedure, art. 143 (LégisQuébec) · read on 9 August 2026.

Urgency, and the courts' calendar

Article 82 states that courts do not sit on Saturdays or holidays · then sets out the exception: in cases of urgency, an application may be heard even on a Saturday or a holiday, by the judge designated by the chief judge to be on duty.

The same article adds that while trial courts are not required to sit between 30 June and 1 September, nor between 20 December and 7 January, they remain required to hear certain matters · including family law cases.

Source: Code of Civil Procedure, art. 82 (LégisQuébec) · read on 9 August 2026.

What this page does not do

It does not say whether your situation warrants any of these applications, nor which one, nor how to draft it. Those are questions of legal advice, and they belong to a lawyer. What it does: keep you from finding out afterwards that a possibility existed.

What helps a lawyer answer quickly is in your own file: dated facts, exhibits that support them, and what actually happened compared with what was planned. That is exactly what the application helps you put in order.

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