What are the steps to get a custody judgment when you were not married?
Short answer
In Quebec, de facto spouses with children obtain a judgment on custody and support by filing a written application at the courthouse, together with a notice of presentation. The application has to be presented to the court with at least 10 days' notice.
In detail
JuridiQC describes the route as a series of steps. One party prepares a written application setting out what they are seeking with respect to custody and child support, then files it at the courthouse with a notice of presentation. The other party may file their own applications, which will be dealt with at the same time.
Both parties then file the required documents, generally at least 5 days before the hearing date. They appear at the roll call to confirm that they are ready and to set the hearing date. Witnesses have to be summoned with at least 10 days' notice, and the final financial documents are exchanged.
Then comes the hearing, where each party presents its evidence and its arguments. The judge may render a decision immediately or take the matter under advisement, with a maximum of 2 months to render judgment. If the judgment is not complied with, enforcement steps are available.
What to document
Your complete financial documents (tax returns, notices of assessment, pay stubs), the child support determination form, the real custody calendar, and the certificate of attendance at the information session on parenting. Note every filing and service date: the 10-day and 5-day time limits are counted from those.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- JuridiQC — De facto spouses with children: the main steps to obtain a judgment on separation
- JuridiQC — Representing yourself in court
Related questions
- Can I represent myself in family court?
- Am I eligible for legal aid for a custody case?
- What happens when the DPJ receives a report?
- What are my rights as a parent dealing with the DPJ?
- What is the difference between a voluntary measures agreement and going to court with the DPJ?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.