C-25.01 - Code of Civil Procedure

Section 417 Disposition versions

2021-10-13

417. Any case in which the interests of the parties and their children are at stake in connection with child custody, spousal or child support, the family patrimony, other patrimonial rights arising from the marriage or civil union or the partition of property between de facto spouses cannot proceed to trial unless the parties have jointly or separately participated in a parenting and mediation information session.

Persons who have filed with the court office a certificate attesting that they have already participated in such an information session in connection with a prior dispute or confirming that they have gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic violence are exempted from participating in such a session. In any such case, the court, in the children’s interests, may nonetheless order participation in such an information session.

Exceptionally, where required by circumstances to ensure proper case management and orderly conduct of proceedings, or to prevent prejudice to one of the parties or to their children, the court may try the case without the parties having jointly or separately participated in such a session but must order them to take part in such a session within three months after the order, unless the court considers it inappropriate.

2014, c. 1, a. 417; 2020, c. 29, s. 38; 2021, c. 13, s. 175.

2020-12-11

417. Any case in which the interests of the parties and their children are at stake in connection with child custody, spousal or child support, the family patrimony, other patrimonial rights arising from the marriage or civil union or the partition of property between de facto spouses cannot proceed to trial unless the parties have jointly or separately participated in a parenting and mediation information session.

Persons who have filed with the court office a certificate attesting that they have already participated in such an information session in connection with a prior dispute or confirming that they have gone to a victim assistance organization recognized by the Minister of Justice for help as a victim of domestic violence are exempted from participating in such a session. In any such case, the court, in the children’s interests, may nonetheless order participation in such an information session.

Exceptionally, where required by circumstances to ensure proper case management and orderly conduct of proceedings, or to prevent prejudice to one of the parties or to their children, the court may try the case without the parties having jointly or separately participated in such a session but must order them to take part in such a session within three months after the order, unless the court considers it inappropriate.

2014, c. 1, a. 417; 2020, c. 29, s. 38.

2016-01-01

417. Any case in which the interests of the parties and their children are at stake in connection with child custody, spousal or child support, the family patrimony, other patrimonial rights arising from the marriage or civil union or the partition of property between de facto spouses cannot proceed to trial unless the parties have jointly or separately participated in a parenting and mediation information session.

Persons who have filed with the court office a certificate attesting that they have already participated in such an information session in connection with a prior dispute or confirming that they have gone to a victim assistance organization recognized by the Minister of Justice for help as a victim of domestic violence are exempted from participating in such a session. In any such case, the court, in the children’s interests, may nonetheless order participation in such an information session.

2014, c. 1, a. 417.