C-25.01, r. 6 - Rules of practice of the Superior Court of Québec in family matters

Full text
chapter C-25.01, r. 6
Rules of practice of the Superior Court of Québec in family matters
RULES OF PRACTICE — SUPERIOR COURT OF QUÉBEC — FAMILY MATTERS
Code of Civil Procedure
(chapter C-25.01, a. 63).
C-25.01
June 16 2016
Replaced, Decision 2016-05-20, 2016 G.O. 2, 2187; eff. 2016-06-16; see chapter C-25.01, r. 0.2.4.
* May be cited in French: “R.p.fam.(C.S)”, or if the context permits, “R.p.fam.”, and in English, “R.F.P.(S.C.)”, or if the context permits, “R.F.P.”.
The former alphanumerical designation of this Regulation was: chapter C-25, r. 13.
R.R.Q., 1981, c. C-25, r. 9; Decision 2003-06-30, s. 1.
CHAPTER I
GENERAL
Decision 98-10-16, s. 2.
0.1. (Replaced).
Decision 96-09-16, s. 2; Decision 98-10-16, s. 2.
1. Application: These Rules of Practice shall apply to all the districts of Québec.
R.R.Q., 1981, c. C-25, r. 9, Rule 1; Decision 98-10-16, s. 2.
2. In camera – Advocates and articled students: Advocates and articled students shall be admitted to in camera hearings.
R.R.Q., 1981, c. C-25, r. 9, Rule 2; Decision 84-10-19, s. 1; Decision 94-06-23, s. 2; Decision 98-10-16, s. 2.
CHAPTER II
YOUTH PROTECTION
APPEALS FROM DECISIONS OR ORDERS OF THE COURT OF QUÉBEC
Decision 98-10-16, s. 2.
3. Definitions: In this Chapter, “Court” means the Superior Court of Québec and “Court of Québec” means the Court of Québec, Youth Division.
R.R.Q., 1981, c. C-25, r. 9, Rule 3; Decision 94-06-23, s. 3; Decision 96-09-16, s. 3; Decision 98-10-16, s. 2.
4. Introduction of appeal: Appeals are heard by the Court, in the Family Division, unless referred by a judge to the Criminal Division.
R.R.Q., 1981, c. C-25, r. 9, Rule 4; Decision 98-10-16, s. 2.
5. Notice of appeal: In addition to the provisions of section 101 of the Youth Protection Act (chapter P-34.1), the notice of appeal shall contain the object of the complaint, the conclusions of the decision or order appealed from, and the names of the parties’ attorneys in first instance.
The Court may issue any order permitted by law, whether or not it is stated in the notice of appeal.
The notice of appeal shall be signed by the appellant or his attorney and shall give the address to which any communication may be directed.
The appellant may invoke grounds not stated in the notice of appeal by filing with the Clerk of the Court a notice stating such grounds precisely and concisely, together with proof of service upon the respondent and the respondent’s attorney, before the appeal is heard and not later than 15 days after the filing of the complete transcript of the proceedings.
R.R.Q., 1981, c. C-25, r. 9, Rule 5; Decision 94-06-23, s. 5; Decision 98-10-16, s. 2.
6. Upon deposit at the Office of the Court of Québec of the notice of appeal provided for in section 106 of the Youth Protection Act (chapter P-34.1), the Clerk of that Court shall send a copy thereof to the Clerk of the Court.
R.R.Q., 1981, c. C-25, r. 9, Rule 6; Decision 84-10-19, s. 2; Decision 94-06-23, s. 6; Decision 96-09-16, s. 4; Decision 98-10-16, s. 2.
7. Appearance: An attorney who, within 10 days of the deposit of the notice of appeal, files an appearance at the Office of the Court shall be the attorney of record before the Court.
R.R.Q., 1981, c. C-25, r. 9, Rule 7; Decision 94-06-23, s. 7; Decision 98-10-16, s. 2.
8. Interim release: The Court may grant an interim release upon the deposit of the notice of appeal.
A verbal application may be made to that effect; however, one clear day’s notice of its presentation must be given to the prosecutor and be deposited with the Clerk.
R.R.Q., 1981, c. C-25, r. 9, Rule 8; Decision 98-10-16, s. 2.
9. Preparation of record:
(1)  Upon receipt of the notice of appeal, unless the Court orders otherwise upon motion by the appellant, the Clerk of the Court of Québec shall take all necessary steps to obtain as soon as possible a complete transcript of the proceedings. Such transcript shall include the evidence adduced and the decisions rendered both during the hearing and at the time of the final decision and, where applicable, the order.
(2)  As soon as the transcript is completed, the Clerk of the Court of Québec shall send the original to the Office of the Court with copies to the parties or their attorneys. Where it appears impossible to obtain a complete transcript, he shall advise the Clerk of the Court and the parties, giving reasons.
R.R.Q., 1981, c. C-25, r. 9, Rule 9; Decision 98-10-16, s. 2; Decision 2000-06-17, s. 2.
10. Inscription on the roll: Upon the expiry of the time allotted for appearance, the Clerk of the Court shall enter the appeal pro forma on the roll of the Family Division, 15 days thereafter or on the first day of the next session, and give notice to the parties or their attorneys.
On the day fixed for the pro forma hearing, the parties or their attorneys must be present to inform the Court of the nature of the case and the duration of the hearing. The Judge shall then set a definitive date for the hearing of the appeal which will proceed on that date, without further notice.
If a party is absent or is not represented at the pro forma hearing, the Court may apply Rule 13.
R.R.Q., 1981, c. C-25, r. 9, Rule 10; Decision 98-10-16, s. 2.
11. Argument in writing: Any party who wishes to submit an argument in writing must have it served and filed within 15 days of the deposit of the complete transcript of the proceedings; the written argument must, where applicable, state the relevant facts with appropriate references to the transcript and set forth the arguments with references to the authorities relied upon.
R.R.Q., 1981, c. C-25, r. 9, Rule 11; Decision 98-10-16, s. 2.
12. Depositions: When the Court hears new evidence, it shall be taken down by a stenographer or stenotypist or recorded through an independent system that is not connected to the master recording system.
R.R.Q., 1981, c. C-25, r. 9, Rule 12; Decision 96-09-16, s. 5; Decision 98-10-16, s. 2.
13. Powers of the Court: The Court may:
(a)  dismiss the appeal, where the appellant is not ready to proceed when the case is called;
(b)  allow the appellant to proceed ex parte against a respondent who is not ready to proceed when the case is called;
(c)  upon application, or on its own initiative, dismiss an appeal where the appellant has failed to observe any of the formalities required by law or by the Rules of Court.
R.R.Q., 1981, c. C-25, r. 9, Rule 13; Decision 94-06-23, s. 11; Decision 96-09-16, s. 6; Decision 98-10-16, s. 2.
14. Applications and motions: All applications or motions shall be served upon the other party or that party’s attorney with a notice of presentation of at least one clear juridical day. The Judge, however, may change the time limit for sufficient cause.
R.R.Q., 1981, c. C-25, r. 9, Rule 14; Decision 98-10-16, s. 2.
15. Copies of judgments: The Clerk of the Court shall send a copy of the judgment to the Judge who rendered the decision appealed from and to the Clerk of the Court of Québec, as well as to the persons listed in section 94 of the Youth Protection Act (chapter P-34.1).
R.R.Q., 1981, c. C-25, r. 9, Rule 15; Decision 96-09-16, s. 7; Decision 98-10-16, s. 2.
16. Record: Upon the expiry of the time limit for appeal to the Court of Appeal, the Clerk of the Court shall return the original record to the Clerk of the Court of Québec.
R.R.Q., 1981, c. C-25, r. 9, Rule 16; Decision 82-10-29; Decision 94-06-23, s. 13; Decision 96-09-16, s. 7; Decision 98-10-16, s. 2.
17. General provision: The Court may issue any order required in the interest of justice.
R.R.Q., 1981, c. C-25, r. 9, Rule 17; Decision 82-10-29; Decision 94-06-23, s. 14; Decision 96-09-16 s. 7; Decision 98-10-16, s. 2.
CHAPTER III
DIVORCE, SEPARATION, NULLITY OF MARRIAGE AND FILIATION
Decision 98-10-16, s. 2.
DIVISION I
PROCEEDINGS
Decision 98-10-16, s. 2.
§ 1.  — General
Decision 98-10-16, s. 2.
18. Child custody and tutorship: A party who applies for custody of a child or tutorship to a child must attest that the child is not the object of a court decision nor 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.
R.R.Q., 1981, c. C-25, r. 9, Rule 18; Decision 86-02-28, s. 2; Decision 98-10-16, s. 2; Decision 2000-06-17, s. 3.
18.1. Priority. The conclusions of a motion relating to the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01) must be treated in priority to any other conclusions of the motion.
Decision 91-06-21, s. 1; Decision 96-09-16, s. 8; Decision 2003-06-30, s. 6.
18.2. (Revoked).
Decision 91-06-21, s. 1; Decision 94-06-23, s. 15; Decision 96-09-16, s. 9.
19. Safeguard of rights: The Court may, at any stage of the proceedings, order any measure likely to ensure proper processing of the record until the hearing. The Court may also, in case of emergency, issue an order to safeguard the rights of the parties for the time and under the conditions it determines.
R.R.Q., 1981, c. C-25, r. 9, Rule 20; Decision 84-10-19, s. 3; Decision 98-10-16, s. 2.
20. Provision for costs: The Court may, at any stage of the proceedings, order a party to pay to the other a provision for costs.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 11; Decision 94-06-23, s. 17; Decision 96-09-16, s. 10; Decision 98-10-16, s. 2.
20.1. Birth certificates: Providing children’s birth certificates as evidence is not required unless their filiation is in dispute. Similarly, photocopies of the parties’ birth certificates are sufficient.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 4; Decision 92-06-01, s. 1; Decision 94-06-23, s. 22; Decision 98-10-16, s. 2; Decision 2003-06-30, s. 7.
§ 2.  — Application for divorce
Decision 98-10-16, s. 2; Decision 2003-06-30, s. 2.
21. Content: An application for divorce, supported by an affidavit and, where applicable, a notice as to contestation, shall be drawn up as far as possible in accordance with Form I, and shall be signed by the applicant.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 3; Decision 90-06-18, s. 1; Decision 94-06-23, s. 18; Decision 98-10-16, s. 2; Decision 2003-06-30, s. 2.
22. Attestation of birth: In every application for divorce, an attestation of birth for each spouse, drawn up in accordance with Form II, must be enclosed with the inscription for proof and hearing, or, in the case of a joint application, with the application.
A case may not be inscribed or a application filed without such attestations.
The attestation shall be attached to the copy of the judgment that is sent to the Registrar of Civil Status.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 3; Decision 90-06-18, s. 2; Decision 98-10-16, s. 2; Decision 2003-06-30, s. 2.
22.0.1. (Replaced).
Decision 96-09-16, s. 11; Decision 98-10-16, s. 2.
22.1. (Replaced).
Decision 86-02-28, s. 5; Decision 98-10-16, s. 2.
22.2. (Replaced).
Decision 86-02-28, s. 5; Decision 96-09-16, s. 12; Decision 98-10-16, s. 2.
22.3. (Replaced).
Decision 90-06-18, s. 3; Decision 94-06-23, s. 19; Decision 96-09-16, s. 13; Decision 98-10-16, s. 2.
22.4. (Replaced).
Decision 86-02-28, s. 5; Decision 90-06-18, s. 3; Decision 98-10-16, s. 2.
22.5. (Replaced).
Decision 86-02-28, s. 5; Decision 90-06-18, s. 4; Decision 94-06-23, s. 20; Decision 98-10-16, s. 2.
22.5.1. (Replaced).
Decision 94-06-23, s. 21; Decision 98-10-16, s. 2.
22.6. (Replaced).
Decision 86-02-28, s. 5; Decision 90-06-18, s. 4; Decision 98-10-16, s. 2.
22.7. (Replaced).
Decision 86-02-28, s. 5; Decision 90-06-18, s. 4; Decision 98-10-16, s. 2.
23. Renumbered s. 20.1
Decision 84-10-19, s. 3; Decision 86-02-28, s. 4; Decision 92-06-01, s. 1; Decision 94-06-23, s. 22; Decision 98-10-16, s. 2; Decision 2003-06-30, s. 7.
23.1. (Replaced).
Decision 86-02-28, s. 6; Decision 98-10-16, s. 2.
23.2. (Replaced).
Decision 86-02-28, s. 6; Decision 97-01-31, s. 1; Decision 98-10-16, s. 2.
23.3. (Replaced).
Decision 86-02-28, s. 6; Decision 97-01-31, s. 2; Decision 98-10-16, s. 2.
23.4. (Replaced).
Decision 86-02-28, s. 6; Decision 97-01-31, s. 3; Decision 98-10-16, s. 2.
23.5. (Replaced).
Decision 86-02-28, s. 6; Decision 97-01-31, s. 4; Decision 98-10-16, s. 2.
23.6. (Replaced).
Decision 86-02-08, s. 6; Decision 98-10-16, s. 2.
§ 3.  — Other applications to institute proceedings
Decision 98-10-16, s. 2; Decision 2003-06-30, s. 3.
24. Content: To the extent possible, any application in matters of nullity of marriage, separation as to property or separation as to bed and board, shall include the information required under paragraphs 1 to 7, 10 and 11 of Form I.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 7; Decision 97-01-31, s. 5; Decision 98-10-16, s. 2.
24.1. (Revoked).
Decision 86-02-28, s. 8; Decision 90-06-18, s. 5; Decision 91-06-21, s. 2.
25. Joint application: All exhibits shall be filed with the Office of the Court at the same time as the joint application.
Decision 84-10-19, s. 3; Decision 86-10-23, s. 1; Decision 91-06-21, s. 3; Decision 96-09-16, s. 14; Decision 98-10-16, s. 2.
25.1. (Revoked).
Decision 91-06-21, s. 3; Decision 96-09-16, s. 15.
25.2. (Revoked).
Decision 94-06-23, s. 23; Decision 96-09-16, s. 16.
DIVISION II
PERSONAL SUPPORT FOR APPLICANT
Decision 98-10-16, s. 2.
26. Sworn statement by applicant: In order to be put on the roll of the Practice Division, any motion for the purpose of fixing or varying support for the applicant shall be accompanied with a sworn statement that reflects the applicant’s financial situation and that of the children in the applicant’s care; such statement must be prepared in accordance with Form III and be served with the motion.
Decision 84-10-19, s. 3; Decision 98-10-16, s. 2; Decision 2002-06-10, s. 1.
27. Sworn statement by respondent: At least 5 days before the presentation of the motion, the respondent shall serve upon the applicant and file of record a sworn statement of the respondent’s financial situation in accordance with Form III, in default of which the applicant may, at the Court’s discretion, proceed ex parte. The notice of presentation of the motion shall mention such requirement.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 9; Decision 94-06-23, s. 24; Decision 98-10-16, s. 2.
28. Admission of ability to pay: A party that acknowledges in Form III being able to pay the amounts claimed by the other party is not required to provide a detailed financial statement, unless the Judge decides otherwise.
R.R.Q., 1981, c. C-25, r. 9, Rule 21; Decision 84-10-19, s. 3; Decision 86-02-28, s. 10; Decision 94-06-23, s. 25; Decision 98-10-16, s. 2.
29. Consent or draft agreement: The consent or draft agreement of the parties or their affidavits for judgment shall describe each party’s financial resources and situation, unless they have completed and submitted a sworn financial statement in accordance with Form III or, as the case may be, with the child support determination form.
R.R.Q., 1981, c. C-25, r. 9, Rule 22; Decision 84-10-19, s. 3; Decision 86-02-28, s. 12; Decision 94-06-23, s. 27; Decision 98-10-16, s. 2.
30. Hearing on merits: Both parties shall serve on each other a statement of their financial situation drawn up in accordance with Form III at least 10 days before the date of the hearing on the merits, or at the time fixed by the person who presides over the pre-trial conference.
R.R.Q., 1981, c. C-25, r. 9, Rule 23; Decision 84-10-19, s. 3; Decision 86-02-28, s. 13; Decision 88-03-07, s. 1; Decision 94-06-23, s. 28; Decision 98-10-16, s. 2.
DIVISION III
FAMILY PATRIMONY
Decision 98-10-16, s. 2.
31. Mandatory information: In all matters of separation as to bed and board, nullity of marriage, or divorce, the party who inscribes the case must communicate and file with the declaration of inscription on the roll either a declaration by the parties that they are not subject to the rules governing family patrimony, that they renounce to partition, that the partition is not contested, or a sworn statement of the family patrimony in accordance with the “Statement of the Family Patrimony” form available on the Superior Court’s website.
Where the other party contests the statement, such party must communicate and file with the Declaration of Inscription on the Roll a sworn statement of the family patrimony in accordance with the “Statement of the Family Patrimony” form available on the Superior Court’s website.
R.R.Q., 1981, c. C-25, r. 9, Rule 24; Decision 84-10-19, s. 3; Decision 86-02-28, s. 14; Decision 94-06-23, s. 29; Decision 98-10-16, s. 2; Decision 2014-06-13, s. 2.
31.1. Renunciation. A party who renounces the partition of benefits accrued during the marriage or the civil union under a retirement plan or the partition of earnings registered in the name of a spouse pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan shall confirm that he or she knows the extent of the value which may be partitioned and the possibility of being informed of its exact amount.
Decision 2004-08-31, s. 2.
DIVISION III.1
PARTNERSHIP OF ACQUESTS
Decision 2014-06-13, s. 2.
31.2. Mandatory information: In all matters of separation as to bed and board, nullity of marriage, or divorce, the party who inscribes the case must communicate and file with the declaration of inscription on the roll a sworn statement of partnership of acquests in accordance with the “Statement of Partnership of Acquests” form available on the Superior Court’s website.
Where the other party contests the statement, such party must communicate and file with the Declaration of Inscription on the Roll a sworn statement of partnership of acquests in accordance with the “Statement of Partnership of Acquests” form available on the Superior Court’s website.
Decision 2014-06-13, s. 2.
DIVISION IV
PSYCHOSOCIAL EVALUATION
Decision 98-10-16, s. 2.
32. Application: Referrals to the Service d’expertise psychosociale attached to the Superior Court of Québec shall only be made in cases involving minor children.
R.R.Q., 1981, c. C-25, r. 9, Rule 25; Decision 84-10-19, s. 3; Decision 86-02-28, s. 16; Decision 98-10-16, s. 2.
33. Consent of parties: The Judge may only issue an order for a psychosocial evaluation with the consent of the parties and after having ascertained that it is appropriate to do so.
The consent, prepared as far as possible in accordance with Form V and signed by the parties and their attorneys, shall be filed of record.
R.R.Q., 1981, c. C-25, r. 9, Rule 26; Decision 84-10-19, s. 3; Decision 86-02-28, s. 17; Decision 94-06-23, s. 30; Decision 98-10-16, s. 2.
34. Communication of evaluation: When an order for the safeguard of rights is issued, the Judge who orders the evaluation shall indicate whether the report must be forwarded to the Chief Justice or to a judge designated by the latter, or returned to him if he remains seized of the matter.
R.R.Q., 1981, c. C-25, r. 9, Rule 27; Decision 84-10-19, s. 3; Decision 86-02-28, s. 18; Decision 98-10-16, s. 2.
35. Order issued during hearing: The order shall be issued from the bench, in the presence of the parties.
The Clerk of the Court shall send all the relevant documents to the Service d’expertise psychosociale.
R.R.Q., 1981, c. C-25, r. 9, Rule 28; Decision 84-10-19, s. 3; Decision 86-02-28, s. 19; Decision 98-10-16, s. 2.
35.1. (Replaced).
Decision 96-09-16, s. 17; Decision 98-10-16, s. 2.
36. Content of order: The order, drawn up as far as possible in accordance with Form VI, shall indicate the specific object of the evaluation. The mention in the order of the name of an expert and the expert’s profession or of the manner in which the evaluation should be carried out constitute recommendations to the Service. The Court may, if applicable, issue an order in accordance with section 19 of the Act respecting health services and social services (chapter S-4.2) in accordance with Form VII.
R.R.Q., 1981, c. C-25, r. 9, Rule 29; Decision 84-10-19, s. 3; Decision 98-10-16, s. 2; Decision 2002-06-10, s. 2.
37. Evaluation report: An evaluation report shall form part of the evidence and the expert may be called upon to testify.
R.R.Q., 1981, c. C-25, r. 9, Rule 30; Decision 84-10-19, s. 3; Decision 86-10-23, s. 2; Decision 98-10-16, s. 2.
38. Copies to parties: Upon receipt of the report, the Judge shall provide the parties with a copy and have it filed of record under seal.
R.R.Q., 1981, c. C-25, r. 9, Rule 31; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20 and 21; Decision 98-10-16, s. 2.
DIVISION V
MOTIONS FOR VARIATION
Decision 98-10-16, s. 2.
39. Mandatory information: Any motion to vary, rescind or suspend corollary relief shall 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 childrens’ 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 motion.
R.R.Q., 1981, c. C-25, r. 9, Rule 32; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20; Decision 98-10-16, s. 2.
40. Previous order issued in another case: In the case of proceedings for variation of an order issued in another case, copies of prior judgments and of the proceedings for which judgment was rendered shall be filed of record unless they have already been included.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 20; Decision 98-10-16, s. 2.
DIVISION VI
CLERK OF THE COURT
Decision 98-10-16, s. 2.
41. Judgment or Court order: The Clerk shall prepare and sign every judgment or order issued by the Court or by a judge, unless such judgment or order has been prepared and signed by the Judge.
The divorce judgment shall be prepared, as far as possible, in accordance with Form VIII and shall bear the date on which it was rendered.
R.R.Q., 1981, c. C-25, r. 9, Rule 33; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20; Decision 98-10-16, s. 2; Decision 2002-06-10, s. 3; Decision 2003-06-30, s. 8.
41.1. Extract of judgment. Upon request, the Clerk may issue an extract of a judgment that is limited to the conclusions.
The deposit at the Office of the Court of the judgment shall be accompanied by a partial copy that includes the style of cause, the title “Extract of Judgment” and the disposition beginning with the words: “For these reasons...”.
Decision 2001-06-14, s. 1; Decision 2003-06-30, s. 8.
DIVISION VII
DIVORCE DIVISION
Decision 98-10-16, s. 2.
42. In each of the judicial districts of Québec, the Divorce Division shall be administered by the Clerk. The duties of the Clerk shall be as follows:
(a)  To file separately the divorce records and to keep registers, an index, a court ledger and a special register available to the public where every divorce judgment is entered without delay;
(b)  To receive and register the applications after ascertaining that they comply with the requirements of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) and of the Rules of Practice;
(c)  To keep a register of proceedings containing;
i.  with respect to the application, the names and addresses of the parties and the date of filing;
ii.  with respect to the divorce judgment, the names and addresses of the parties and the date it was rendered;
(d)  To fill out the forms required by the Rules of Practice or the regulations made pursuant to the Divorce Act;
(e)  Once the divorce has taken effect, to issue a certificate of divorce in accordance with Form IX, upon request;
(f)  In accordance with Section 17(11) of the Divorce Act, to forward, when the Court has issued an order varying a support order or custody order of another court, a certified true copy of the variation order to the other court or to any other court which had varied the original order;
(g)  To forward, in the case of a provisional order, the documents provided for in Sections 18(3) and 18(6) of the Act;
(h)  To serve upon the applicant or the applicant’s attorney the notice provided for in Section 18(5) of the Act at least 10 days before the date fixed for submitting further evidence;
(i)  To serve upon the parties the notice provided for in Section 19(2) of the Act, in accordance with Form X, accompanied by a copy of the documents received from the court which issued the provisional order;
(j)  As required by Section 19(12) of the Act, to send a certified true copy of any order issued under Section 19(7) of the Act;
(k)  To forward to the competent court, following a transfer order issued under Section 6 of the Act, a true copy of the record and the order;
(l)  To hire the personnel necessary for the performance of the Clerk’s duties, including Deputy-Clerks, according to the number of proceedings filed in the Office of the Court for which the Clerk shall have complete responsibility.
Decision 84-10-19, s. 3; Decision 86-02-28, s. 20; Decision 98-10-16, s. 2.
43. (Revoked).
R.R.Q., 1981, c. C-25, r. 9, Rule 35; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20.
44. (Revoked).
R.R.Q., 1981, c. C-25, r. 9, Rule 36; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20.
45. (Revoked).
R.R.Q., 1981, c. C-25, r. 9, Rule 37; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20.
46. (Revoked).
R.R.Q., 1981, c. C-25, r. 9, Rule 38; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20.
47. (Revoked).
R.R.Q., 1981, c. C-25, r. 9, Rule 39; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20.
48. (Revoked).
R.R.Q., 1981, c. C-25, r. 9, Rule 40; Decision 84-10-19, s. 3; Decision 86-02-28, s. 20.
FORM I
(Rules 21, 23)
APPLICATION FOR DIVORCE (art. 813 C.c.p.)
CANADA SUPERIOR COURT
PROVINCE DE QUÉBEC Family Division
DISTRICT OF (Divorces)
NO.
APPLICANT(S)
and, if appropriate,
DEPENDANT
APPLICATION FOR DIVORCE
It is declared that:
Matrimonial and family status
1. The wife was born on (date) ______________________________ at (place) ______________________________ and is (age) __________ years old. She is the daughter of (father’s name), ______________________________ and (mother’s name), ______________________________ as appears from her birth certificate numbered Exhibit P-1;
2. The husband was born on (date) ______________________________ at (place) ______________________________ and is (age) __________ years old. He is the son of (father’s name) ______________________________ and (mother’s name) ______________________________ as appears from his birth certificate numbered Exhibit P-2;
3. The marriage of the parties was solemnized on ______________________________ (date) at ______________________________ (place) as appears from the marriage certificate numbered Exhibit P-3;
4. At the time of the marriage the wife was ______________________________ the husband was ______________________________; (Give the matrimonial status of each party);
5. The matrimonial regime they adopted was ______________________________; (file as Exhibit P-4 an authentic copy of the relevant document).
There has been no change of this regime.
(If changes of the matrimonial regime have occurred, specify them and file an authentic copy of the pertinent documents).
6. The name, age, sex and date of birth of each child of the marriage is:

Family name Given name Age Sex Date of birth
_____________________________________________________________________________
1. | | | | | |
|___________________|__________________|_______|________|_____________________|
2. | | | | | |
|___________________|__________________|_______|________|_____________________|
3. | | | | | |
|___________________|__________________|_______|________|_____________________|
4. | | | | | |
|___________________|__________________|_______|________|_____________________|
5. | | | | | |
|___________________|__________________|_______|________|_____________________|
Birth certificates of each child dealt with in the proceeding are Exhibit P-5 (optional).
None of the children is the object of a decision of a court, nor a pending case before a court nor of any agreement with a director of youth protection. (If such a decision pending or an agreement exists, give particulars and file relevant supporting documents).
Residence
7. The wife ordinarily resides at: __________(no.)__________ __________(street)__________ __________(city)__________ __________(province)__________ since __________(day)__________ __________(month) __________(year)__________
The husband ordinarily resides at: __________(no.)__________ __________(street)__________ __________(city)__________ __________(province)__________ since __________(day)__________ __________(month) __________(year)__________
Reasons
8. There has been a breakdown of the marriage for the following reasons:
(Give here particulars of the grounds for divorce, as provided in Section 8(2) of the Divorce Act of 1985)
Reconciliation and mediation
9. Before the signature of the present application:
(A) The attorney for the Applicant has discussed the possibility of reconciliation and informed the applicant as to the existing counselling or guidance facilities. (if not, give reasons).
(B) The attorney has informed the Applicant as to existing mediation facilities which may assist in negotiating matters that may be the subject of a support or custody order and has discussed the advisability of negotiating same.
Safeguard and provisional measures (if the application contains conclusions to that effect), corollary measures and other claims
10 A) There is an agreement between the parties as to corollary relief, a copy of which is numbered Exhibit P-6;
or
(B) There is no agreement between the parties as to all safeguard and provisional measures and corollary relief, and
i. The grounds in support of the conclusions for provisional relief are (enumerate the facts):



ii. The grounds in support of corollary relief are (enumerate the facts):



Other proceedings
11. There have been no other proceedings with respect to the marriage; (otherwise, give all details and file a certified copy of all previous judgments).
12. There has been no collusion between the parties.
13. (Where the application is based on Section 8(2) b). There has been no condonation or connivance at the act or conduct complained of.
WHEREFORE, may it please this Court to:
ISSUE the following safeguard orders (if applicable):


ISSUE the following provisional orders, if applicable:


PRONOUNCE the divorce of the parties;
ISSUE the following orders of corollary relief (if applicable):


and GRANT the following additional conclusions (if applicable):


Or
RATIFY the agreement between the parties and ORDER the parties to conform therewith, ______________________________ costs.

Signed at _____________________________, on ______________________________ 20__________

________________________________________

________________________________________
APPLICANT(S)

ATTORNEY’S DECLARATION
I, the undersigned attorney for the applicant(s), hereby certify that I have complied with the requirements of section 9 of the Divorce Act of 1985.

Signed at _____________________________, on ______________________________ 20__________

________________________________________
Attorney(s) for the APPLICANT(S)

________________________________________
(Where appropriate)
NOTICE TO DEFENDANT AS TO CONTESTATION
NOTICE TO DEFENDANT IN FAMILY MATTERS
Take notice that the plaintiff has filed this application in the office of the Superior Court of the judicial district of ______________________________.
To file an answer to this application, you must file an appearance, personally or by advocate, at the courthouse of ______________________________ located at ______________________________ within 20 days of service of this motion or, if service is effected outside Québec, within 40 days of service.
If you fail to file an appearance within the time limit indicated, a judgment by default may be rendered against you without further notice upon the expiry of the 20-day period or the 40-day period.
If you file an appearance, the application will be presented before the court on ______________________________, at ______________________________ in room __________ of the courthouse. On that date, the court may exercise such powers as are necessary to ensure the orderly progress of the proceeding or the court may hear the case, unless you make a written agreement with the plaintiff or the plaintiff’s advocate on a timetable for the orderly progress of the proceeding. The timetable must be filed in the office of the court.
In support of the motion to institute proceedings, the applicant discloses the following exhibits:
These exhibits are available on request.
If necessary, add a notice of presentation of applications for safeguard orders or provisional measures.


CERTIFICATE OF CLERK
I, the undersigned clerk of the Divorce Division of the Superior Court for the District of ______________________________ certify that there has been received and filed in the said divorce division a divorce application, a certificate of the Attorney and (if appropriate) a notice to the Respondent as to contestation.
(place and date)

________________________________________
CLERK
R.R.Q., 1981, c. C-25, r. 9, Form I; Decision 86-02-28; Decision 89-04-15, s. 2; Decision 91-06-21, s. 4; Decision 94-06-23, s. 31; Decision 96-09-16, s. 20; Decision 98-10-16, s. 4; Decision 2000-06-17, s. 4; M.O. 2128, 2002-12-05, sch. 2; Decision 2003-06-30, s. 4; Decision 2004-08-31, s. 2.
FORM II
(Rule 22)
CANADA SUPERIOR COURT
PROVINCE OF QUÉBEC FAMILY DIVISION
DISTRICT OF (Divorce)
NO.
PLAINTIFF(S)
and, where applicable,
DEFENDANT
ATTESTATION IN RESPECT OF THE REGISTRATION OF BIRTHS
No party’s birth was registered in Québec. (Do not fill out paragraphs 1 and 2. Enter the date and sign on page 2).
The wife’s birth was not registered in Québec. (Fill out paragraph 2 only. Enter the date and sign on page 2.)
The husband’s birth was not registered in Québec. (Fill out paragraph 1 only. Enter the date and sign on page 2.)
I hereby declare that:
(1) The wife was born on __________(date of birth)__________ at __________(place of birth)__________ and was baptized or her birth was registered on __________(date of baptism or civil registration)__________ at __________(parish and municipality, in case of baptism, or municipality, in case of civil registration)__________.
She is the daughter of ______________________________ and ______________________________.
OR (Form to be used where the act of birth was issued by the registrar of civil status.)
The wife is __________ years of age and the registration number of her act of birth in the register of civil status is ______________________________.
(2) The husband was born on __________(date of birth)__________ at __________(place of birth)__________ and was baptized or his birth was registered on __________(date of baptism or civil registration)__________ at __________(parish and municipality, in case of baptism, or municipality, in case of civil registration)__________.
He is the son of ______________________________ and ______________________________.
OR (Form to be used where the act of birth was issued by the registrar of civil status.)
The husband is __________ years of age and the registration number of his act of birth in the register of civil status is ___________(place and date)__________.

________________________________________
Party or parties
OR
Attorney for
Decision 96-09-16, s. 24; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 5.
(Revoked)
Decision 94-06-23, s. 33; Decision 96-09-16, s. 22; Decision 98-10-16, s. 5.
CANADA
PROVINCE OF QUÉBEC SUPERIOR COURT
DISTRICT OF Family Division
NO. __________ ________________________________________
________________________________________
Party: ___________________________________
vs.
________________________________________
Party: ___________________________________
STATEMENT OF INCOME AND EXPENDITURES AND BALANCE SHEET
I, the undersigned, ______________________________, domiciled at ______________________________ in the district of ______________________________, do hereby declare under oath that:
I acknowledge my ability to pay the amounts claimed but deny that the other party is entitled to receive them (Rule 28).
I receive only income security benefits in the amount of $__________ per month.
(1) I am the ______________________________ (plaintiff or defendant) in this case.
(2) I have enclosed with this sworn declaration a copy of my federal and provincial income tax returns, along with notices of assessment for the years __________.
(3) All the details pertaining to my financial situation are accurately disclosed hereunder and are true to my personal knowledge.
INCOME FOR THE CURRENT YEAR



Category Per week Par month Par year


Gross salary


Commissions/tips


Net income form business or
self-employment (attach financial
statement)


Employment insurance


Support paid by a third party


Retirement or disability
pension, or other pension


Interest and dividends


Net rentals (attach a statement of
income and expenses for each property)


Other (Please specify)


TOTAL a)


Total per week $__________ x 4.33 = b)$__________
per month

Total per year $__________ ÷ 12 = c)$__________
per month

TOTAL MONTHLY INCOME: (a + b + c) = $__________
EXPENSES ON A MONTHLY BASIS
(To calculate the exact monthly amount, multiply a weekly expenses by 4.33 and divide an annual expense by 12.)



Category Per month


1 Contributions to the Régime des rentes du
Québec and the Canada Pension Plan


2 Employment insurance premiums


3 Contributions to a retirement plan


4 Group insurance premiums


5 Union dues and professional association fees


6 Rent/mortgage


7 Common charges (co-ownership)


8 Municipal, school and water taxes


9 Premiums for insurance on dwelling


10 Insurance: life, accident, invalidity


11 Electricity


12 Heating


13 Telephone


14 Cable T.V.


15 Repairs to and upkeep of main residence


16 Housekeeping


17 Purchase of furniture, appliances and bedding


18 Repairs to furniture and appliances


19 Food


20 Restaurant meals: – For work
– For leisure


21 Medicines and toilet articles


22 Diapers and baby formula


23 Dental care


24 Eye glasses, contact lenses and products for their upkeep


25 Clothing


26 Laundry and dry-cleaning


27 Hairdresser and beauty care


28 Taxis and public transport


29 Vehicle – Payments/rental
– Insurance
– Licence and registration
– Gas
– Repairs
– Parking


30 Education costs (tuition, books, supplies, meals, outings,
extra-curricular activities, uniform)


31 Registered education savings plan


32 Child day care costs (day care, babysitter, day camp)
– For work
– For leisure


33 Outings and entertainment


34 Sports activities


35 Equipment: sports, leisure activities, etc.


36 Courses/lessons


37 Toys, gifts


38 Books, magazines, newspapers, records and cassettes


39 Pets


40 Tobacco and alcohol


41 Vacations


42 Camp


43 Children’s allowance


44 Savings – retirement savings


45 Payment of debts 1)
2)
3)


46 Lawyer’s fees


47 Secondary residence (enclose details on separate sheet)


48 Other:
Anticipated expenditures:


TOTAL MONTHLY EXPENDITURES


SUMMARY

Total monthly income (see page 1) $__________

(less) -

Income tax (before support)* $__________

NET INCOME $__________
$

(less) -

Total monthly expenditures $__________

SURPLUS/(DEFICIT) $__________

SUPPORT AND FINANCIAL IMPACT

INFORMATION TO BE SUPPLIED BY THE PARTY CLAIMING SUPPORT

Net contribution required of Alimentary debtor $__________

plus +

Income tax on the support claimed and Tax credits lost* $__________

GROSS SUPPORT CLAIMED $__________

INFORMATION TO BE SUPPLIED BY THE PARTY FROM WHOM SUPPORT IS CLAIMEND

GROSS SUPPORT OFFERED $__________

(less) -

Income tax savings and tax credits recovered as
result of support offered* $__________

Net cost of support offered $__________

* Indicate source of calculation ________________________________________________

NAME AND ADDRESS OF EMPLOYER








ASSETS

Indicate cash, accounts in banks or other financial institutions and the market
value of assets by category (disregarding any related debts): real estate,
furniture, automobiles, works of art, jewellery, shares, bonds, interests in a
business, other investments, pension funds, RRSPs, sums owing to you, etc.


Category Details Value












Total assets $__________

LIABILITIES

In the following table indicate all debts or financial commitments of any kind
as loans or granted as credit (hypothecary loans, personal loans, lines of credit,
credit cards, instalment sales, surety bonds, etc.) or that you must pay under a
statute (tax debts, contributions, dues or other unpaid duties, etc.) or under a
court decision (damages, support, overpayment of unemployment insurance or welfare
benefits, fines, etc.).

Indicate the amount of each debt, the balance of the principal and the name of the creditor.


Debt (Specify hypothec Balance Name of creditor
personal loan, credit
card, etc.)



1.


2.


3.


4.


Total liabilities $__________

Summary of assets and liabilities

Total assets: $__________

(less) _

Total liabilities: $__________

NET WORTH $__________
________________________________________
(signature)
Oath taken before __________(name and position, profession or quality)__________ at __________(municipality and province)__________, on __________(date)__________

(signature of person administering the oath)
R.R.Q., 1981, c. C-25, r. 9, Form II; Decision 82-10-29; Decision 86-02-28; Decision 90-06-18, s. 6; Decision 94-06-23, s. 32; Decision 96-09-16, s. 21; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 6; Decision 2003-06-30, s. 5.
(Revoked)
Decision 91-06-21, s. 5; Decision 94-06-23, s. 34; Decision 98-10-16, s. 3; Decision 2003-06-30, s. 9; Decision 2004-08-31, s. 2; Decision 2014-06-13, s. 2.
FORM V
(Rule 33)
CONSENT TO PSYCHOSOCIAL EVALUATION
CANADA SUPERIOR COURT
PROVINCE OF QUÉBEC Family Division
DISTRICT OF
NO.
PETITIONER
vs
RESPONDENT
CONSENT TO PSYCHOSOCIAL EVALUATION
We the undersigned hereby consent, subject to the Court’s Order, than an evaluation be made by an expert of the “Service d’expertise psycho-sociale” attached to the Family Division of the Superior Court, with respect to our minor child(ren): ______________________________________________________

We consent that the evaluation begin after the mediator’s report is filed in accordance with Article 814.3 et seq C.C.P.
We consent to cooperate on the conduct of interviews with each one of us and our child or children if the expert deems it expedient.
We also consent that the expert may communicate with the persons and institutions hereinafter named, and obtain relevant information from their records, namely:


We authorize such expert to take cognizance of the court record, including records and reports kept under seal (Article 3, R.C.P.(S.C.)) and authorize the Clerk to give him access to same.
We further consent that the expert’s report be filed and will make proof of its contents in the court record, under reserve of the right of the parties to cross-examine the expert and introduce additional proof.
AND WE HAVE SIGNED AT _________________________________________________________
this __________ day of __________________________________________________, 20__________.

________________________________________ ________________________________________
ATTORNEY FOR PETITIONER PETITIONER

________________________________________ ________________________________________
ATTORNEY FOR RESPONDENT RESPONDENT

INTERVENTION
I consent to giving access to and obtaining information from records, as foreseen by my parent’s above consent, and to the filing as proof of the expert’s report.

___________________________________________
MINOR CHILD IF 14 YEARS OF AGE OR OLDER
Decision 86-02-28; Decision 97-01-31, s. 7; Decision 98-10-16, ss. 3 and 6; Decision 2000-06-17, s. 6; Decision 2002-06-10, s. 4.
FORM VI
(Rule 36)
ORDER FOR PSYCHOSOCIAL EVALUATION
CANADA SUPERIOR COURT
PROVINCE OF QUÉBEC Family Division
DISTRICT OF
NO.
ORDER
The Court seized of a motion for custody of or access to a minor child;
Seeing the proof made and the submissions related to:


(name(s) of child(ren))
CONSIDERING that in order to decide the matter having regard to all the circumstances, it appears appropriate that the Court obtain an evaluation from the Service d’expertise psycho-sociale attached to its Family Division;
SEEING the Consent signed by the parties agreeing that an evaluation be made by an expert of said Service;
FOR THESE REASONS;
ORDERS that the Service d’expertise psycho-sociale prepare an evaluation with respect to:





that it file a written report on or before ___________________________________ and that the report be forwarded to
— the Chief Justice, or
— the judge designated by the Chief Justice; or
— the undersigned judge.
Costs to follow suit.
_______________________________________
J.S.C.
Decision 86-02-28; Decision 97-01-31, s. 8; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 6.
COMMUNICATION OF RECORDS ORDER (s. 19 of the Act respecting health services and social services (chapter S-4.2)
CANADA SUPERIOR COURT
PROVINCE OF QUÉBEC Family Division
DISTRICT OF
NO.
ORDER
SEEING the Judgment of the Court ordering a psychosocial evaluation, and considering that the court considers it necessary that the expert obtain the records relevant to the evaluation to be made, and seeing the consent of the parties to the communication of such records to the expert;
FOR THESE REASONS:
The Court orders, in accordance with section 19 of the Act respecting health services and social services (chapter S-4.2)
that ________________________________________________________________________________


give communication of all relevant records to the expert designated by the Director of the Service d’expertise psycho-sociale, in order that the said expert’s report may be prepared.

_______________________________________
J.S.C.
Decision 86-02-28; Decision 97-01-31, s. 9; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 6.
DIVORCE JUDGMENT (s. 8 Divorce Act of 1985)
CANADA SUPERIOR COURT
PROVINCE OF QUÉBEC (Divorces)
DISTRICT OF
NO. The __________ day of ____________, 20 _____
PRESENT: THE HONOURABLE
APPLICANT
DEFENDANT
(if appropriate)
JUDGMENT OF DIVORCE
SEEING the divorce application;
SEEING the evidence made and the documents filed of record;
CONSIDERING that the application is well founded;
WHEREFORE THE COURT:
Pronounces the divorce of the parties whose marriage was solemnized on ______________________________, to take effect on the thirty-first day after the date of the present judgment.
ORDERS ___________________________________________________________ (corollary relief) ______________________________________________________________________________ costs.
_______________________________________
JUDGE OR CLERK
R.R.Q., 1981, c. C-25, r. 9, Form III; Decision 84-10-19, s. 4; Decision 86-02-28; Decision 94-06-23, s. 31; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 6; Decision 2001-06-14, s. 2.
CERTIFICATE OF DIVORCE (s. 12(7), Divorce Act of 1985)

________________________________________________________________________________
| |
| Canada SUPERIOR COURT |
| Province of Québec |
| District of |
| No. |
| |
| CERTIFICATE OF DIVORCE |
| (Subsection 12(7) Divorce Act) |
| |
| I hereby certify that the marriage of |
| |
| and |
| |
| solemnized at , on the |
| has been dissolved by a judgment which took effect on the |
| |
| Seal* Issued at |
| |
| on the |
| |
| _______________________________ |
| Clerk |
|________________________________________________________________________________|
* Upon request.
Decision 84-10-19, s. 5; Decision 86-02-28; Decision 86-10-23, s. 3; Decision 90-06-18, s. 7; Decision 94-06-23, s. 31; Decision 96-09-16 ss. 18 and 23; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 6; Decision 2004-08-31, s. 2.
NOTICE OF HEARING RESPECTING CONFIRMATION OF A PROVISIONAL ORDER (s. 19(2) of the Divorce Act of 1985)
CANADA SUPERIOR COURT
PROVINCE OF QUÉBEC (Divorces)
DISTRICT OF
NO.
TO: APPLICANT(S)
AND DEFENDANT
NOTICE OF HEARING RESPECTING CONFIRMATION OF A PROVISIONAL ORDER
(Section 19(2) of the Divorce Act of 1985 and Rule of Practice 42(i))
You are herby notified that an application to confirm the attaché provisional order of
__________(judge)__________ of __________(court)__________ made on the ___________________ day of ______________________________, 20 __________ will be heard in Room ________________ of the Court House at __________(address)__________, at 9:30 a.m. or so soon thereafter as the parties can be heard.
And you are further notified that the Court will take into consideration all documents in support of the application forwarded by the Court which made the provisional order as well as any evidence given to the Court by either party.
And you are further notified that the Court may then make an order to confirm or not the provisional order, or to vary such order.
Signed at ________________________ this __________ day of _______________________, 20 _____.

_______________________________________
CLERK
Decision 86-02-28; Decision 86-10-23, s. 4; Decision 90-06-18, s. 8; Decision 94-06-23, s. 31; Decision 96-09-16, ss. 18 and 23; Decision 98-10-16, s. 3; Decision 2000-06-17, s. 6.
TRANSITIONAL
2014
(Decision 2014-06-13) SECTION 3. The obligation to file the new forms provided for in sections 31 and 31.2 of the Rules introduced by section 2 of this Decision applies to all cases pending on 12 July 2014, except for the cases already registered.
REFERENCES
R.R.Q., 1981, c. C-25, r. 9
Decision 82-10-29, 1983 G.O. 2, 125
Decision 82-10-29, 1983 G.O. 2, 2498
Decision 84-10-19, 1985 G.O. 2, 340
Decision 86-02-28, 1986, G.O. 2, 392
Decision 86-10-23, 1987 G.O. 2, 822
Decision 88-03-07, 1988 G.O. 2, 1943
Decision 89-04-15, 1989 G.O. 2, 2265
Decision 90-06-18, 1990 G.O. 2, 2655
Decision 91-06-21, 1991 G.O. 2, 3945
Decision 92-06-01, 1992 G.O. 2, 4897
Decision 94-06-23, 1994 G.O. 2, 4360
Decision 96-09-16, 1996 G.O. 2, 4079
Decision 97-01-31, 1997 G.O. 2, 1028
Decision 98-10-16, 1998 G.O. 2, 4381
Decision 2000-06-17, 2000 G.O. 2, 4166
Decision 2001-06-14, 2001 G.O. 2, 4768
Decision 2002-06-10, 2002 G.O. 2, 4299
Decision 2003-06-30, 2003 G.O. 2, 2757
Decision 2004-08-31, 2004 G.O. 2, 2673
Decision 2014-06-13, 2014 G.O. 2, 1418