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Family law

séparation de conjoint de fait

The Parental Union Regime

Our justice system places great value on an individualistic approach where the rights of the individual must be recognized and upheld. The problem with this approach, is that traditional litigation is often limited in achieving the delivery of justice in a timely and accessible forum.
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Droit de la famille – 133419, 2013 QCCS 6979

Issue: Criterion considered to satisfy shared custody. Decision: The Court reiterates the criterion for shared custody, namely: The needs of the child; the parental capacity to meet the needs of the child...
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règlement de dossier

The pathway towards a timely and effective settlement of your case

Our justice system places great value on an individualistic approach where the rights of the individual must be recognized and upheld. The problem with this approach, is that traditional litigation is often limited in achieving the delivery of justice in a timely and accessible forum.
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procédure de divorce

Divorce: what you need to know

Is your relationship at a point where you are definitely considering a divorce? This article will help you better understand the different elements to consider for your divorce.
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séparation de conjoints de fait

Separation of “common-law” (de facto) couples

Under the Civil Code of Quebec, the status of a de facto spouse is not recognized. So, in the event of a separation, they do not benefit from the same protections as married or civil union spouses. But what are the rights of de facto spouses at separation?
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Custody and relocation away from Quebec

After a break up, a parent may want to get closer to his or her country or province of origin in order to rebuild a new life. But what about the child and the parent remaining in Quebec?
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Droit de la famille – 111641, 2011 QCCA 1090 (CanLII)

Issue:  Parental conduct & custody. Decision: The conduct or lifestyle of the parents will only be issues in dispute and will only be relevant if they have consequences on the child.
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Van de Perre v. Edwards, [2001] 2 SCR 1014, 2001 SCC 60 (CanLII)

Issue: Appeal of custody orders. Decision:  An appellate court may only intervene in the decision of a trial judge if he or she erred in law or made a material error in the appreciation of the facts. 
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Droit de la famille – 121505, 2012 QCCA 1131 (CanLII)

Issue:  Change of custody because of a move. Decision: The weight of judicial authority supports a court allowing a move that is proposed in good faith and not intended to frustrate an access parent's relationship with a child.
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Droit de la famille – 132210 2013 QCCA 1398 (CanLII)

Issue: Availability & custody. Decision: The Court states that the availability of a parent is « one of the important elements to consider in the custody time»
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