TITLE IV PROCEEDINGS IN FAMILY CASES

CHAPTER I

GENERAL PROVISIONS

SECTION I

PROCEEDINGS INTRODUCTIVE OF SUITS OR INTERLOCUTORY PROCEEDINGS

§ 1. — Heading repealed, 2002, c. 7, s. 120.

813. Except where otherwise provided in this Title, applications based on Book Two of the Civil Code or on the Divorce Act (Revised Statutes of Canada, 1985, chapter 3, 2nd Supplement) follow the general rules applicable to other actions and applications.

1965 (1st sess.), c. 80, a. 813; 1982, c. 17, s. 29; 1986, c. 55, s. 8; 1996, c. 5, s. 51; 2002, c. 7, s. 121.

813.1. (Repealed).

1982, c. 17, s. 29; 2002, c. 7, s. 122.

813.2. (Repealed).

1982, c. 17, s. 29; 1992, c. 57, s. 420; 2002, c. 7, s. 122.

813.3. The conclusions sought in a motion to institute proceedings may relate to provisional measures and accessory measures as well as to the principal application.

Orders to safeguard the rights of the parties issued in urgent cases or where the hearing on provisional measures is deferred lapse 30 days after they are issued, unless their valid period is extended by the parties by mutual agreement or, in case of disagreement, by the court.

1982, c. 17, s. 29; 1983, c. 50, s. 7; 1987, c. 44, s. 5; 1990, c. 29, s. 5; 1992, c. 57, s. 368; 2002, c. 6, s. 105; 2002, c. 7, s. 123.

813.4. An application for separation as to property, separation from bed and board, marriage annulment or divorce or for the annulment or dissolution of a civil union may be notified to the registrar by one of the spouses if a spouse may claim to have a right in an immovable under his or her matrimonial or civil union regime or if the immovable used as principal family residence is owned by one of the spouses.

The registrar is notified by service of a notice which he registers in the land register.

If a spouse applies for cancellation of the registration, it may be granted provided sufficient security is furnished, where applicable.

1982, c. 17, s. 29; 1992, c. 57, s. 369; 2000, c. 42, s. 133; 2002, c. 6, s. 106.

813.4.1. The security contemplated in article 65 shall not be required of a person who has made an application under this Title.

1987, c. 48, s. 4.

§ 2. — Heading repealed, 2002, c. 7, s. 124.

813.5. No appearance is required unless the defence is in writing; an appearance must be filed within 20 days of service or, if service is effected outside Quebec, within 40 days of service.

The time limit for presenting the application is 40 days or, if service is effected outside Quebec, 60 days.

In urgent cases, the court may shorten a time limit, whether it is prescribed by law or fixed in an agreement or has been determined by the court.

1982, c. 17, s. 29; 2002, c. 7, s. 125.

813.6. (Repealed).

1982, c. 17, s. 29; 1987, c. 48, s. 5; 1996, c. 5, s. 52; 2002, c. 7, s. 127.

813.7. (Repealed).

1982, c. 17, s. 29; 2002, c. 7, s. 127.

§ 3. — Heading repealed, 2002, c. 7, s. 126.

813.8. (Repealed).

1982, c. 17, s. 29; 1984, c. 26, s. 20; 1997, c. 42, s. 5; 1999, c. 46, s. 14; 2002, c. 7, s. 127.

813.9. In the case of an application concerning the obligation of support, the custody of children or provisional measures, the motion to institute proceedings may not be presented before the court less than 10 days after it is served. The application is heard and decided by preference.

1982, c. 17, s. 29; 1984, c. 26, s. 21; 1999, c. 46, s. 14; 2002, c. 7, s. 128.

813.10. If the parties so wish, they each may present their evidence by means of a single affidavit, which must be sufficiently detailed to establish all facts in support of their claims. If the respondent proceeds in this manner, the applicant is entitled to serve one additional detailed affidavit on the respondent as a reply. Any further detailed affidavit must be authorized by the court.

1984, c. 26, s. 22; 1994, c. 28, s. 35; 1999, c. 46, s. 14.

813.11. (Repealed).

1984, c. 26, s.

813.12. (Repealed).

1984, c. 26, s. 22; 1999, c. 46, s. 14; 2002, c. 7, s. 129.

813.13. (Repealed).

1984, c. 26, s. 22; 1999, c. 46, s. 14; 2002, c. 7, s. 129.

813.14. (Repealed).

1999, c. 46, s. 14; 2002, c. 7, s. 129.

813.15. (Repealed).

1999, c. 46, s. 14; 2002, c. 7, s. 129.

813.16. In addition to the evidence that has been presented by means of detailed affidavits, the parties may present oral evidence at the hearing.

1999, c. 46, s. 14.

813.17. (Repealed).

1999, c. 46, s. 14; 2002, c. 7, s. 129.

§ 4. — Heading repealed, 2002, c. 7, s. 130.

814. (Repealed).

1965 (1st sess.), c. 80, a. 814; 1969, c. 81, s. 20; 1982, c. 17, s. 29; 2002, c. 7, s. 129.

814.1. Applications which, pursuant to the second paragraph of article 44.1, are within the jurisdiction of the special clerk are presented directly to the special clerk and do not require a hearing.

1982, c. 17, s. 29; 1992, c. 57, s. 420; 1997, c. 42, s. 6; 2002, c. 7, s. 131.

814.2. (Repealed).

1982, c. 17, s. 29; 2002, c. 7, s. 132.

§ 5. — Pre-hearing mediation

814.3. Except applications under article 814.9, no application that involves the interests of the parties and the interests of their children may be heard by the court if there is a dispute between the parties regarding child custody, support due to a party or to the children, the family patrimony or other patrimonial rights arising from the marriage or civil union, unless the parties have attended an information session on the mediation process and a copy of the mediator\'s report has been filed.

1997, c. 42, s. 7; 2002, c. 6, s. 107.

814.4. The information session on the mediation process may be held in the sole presence of both parties and a mediator.

A group information session may also be held. In such a case, the session is held in the presence of at least three persons registered with the Family Mediation Service and of two mediators, one of whom must be from the legal profession and the other, from another profession.

1997, c. 42, s. 7; 1999, c. 46, s. 15.

814.5. The parties select jointly the type of information session they wish to attend. In case of disagreement as to the type of information session or, where applicable, as to the choice of a mediator, the parties must, together or separately, attend a group session.

1997, c. 42, s. 7.

814.6. The information session bears on the nature and objectives of the mediation, the mediation process and the roles to be played by the parties and the mediator.

At the conclusion of the information session, the mediator informs the parties of their right to enter into mediation or not, and of their right to enter into mediation with that mediator or with another mediator of their choice. If the parties fail to agree to enter into mediation or express their wish to enter into mediation with another mediator, the mediator files his report with the Family Mediation Service and sends a copy to the parties.

In the case of a group session, the mediators inform the parties of their right to enter into mediation or not and of their right to enter into mediation with the mediator of their choice. They file a joint report with the Service for each party present at the session and send each party a copy.

1997, c. 42, s. 7; 1999, c. 46, s. 15.

814.7. The mediation sessions take place in the presence of both parties and of a mediator or, if the parties agree, two mediators; other persons may be present at the mediation sessions, provided the parties agree, the mediator considers the presence of those persons necessary and they are neither experts nor advisers.

The parties may, on their own initiative or at the suggestion of the mediator, suspend any session to seek advice from counsel or from any other person, according to the type of advice sought.

1997, c. 42, s. 7.

814.8. Either party may, at any time during mediation, terminate it without having to give reasons. The mediator must terminate mediation if he considers that to pursue it would be ill-advised.

In such cases, the mediator files his report with the Family Mediation Service and sends a copy to the parties.

1997, c. 42, s. 7; 1999, c. 46, s. 15.

814.9. The court may, on a motion, make, subject to the conditions it determines, any appropriate order to safeguard the rights of the parties or children during the period of mediation or during any other period it considers appropriate.

1997, c. 42, s. 7.

814.10. A party that has a valid reason not to attend the information session on the mediation process may state that fact to the mediator of his choice; the reason may relate, in particular, to the inequality of the power relationship, to the disability or the physical or psychological condition of the party or to the great distance between the party\'s residence and that of the other party.

In such a case, the mediator draws up a report containing an express statement of the party concerned that the party cannot attend the information session for a valid reason, which need not be disclosed; the mediator then files his report with the Family Mediation Service and sends a copy to the party having made the statement and, if the application has been filed at the office of the court, to the other party.

1997, c. 42, s. 7; 1999, c. 46, s. 15.

814.11. Where a copy of a report drawn up by a mediator in the circumstances referred to in article 814.10 has been filed, the court may proceed without the parties having attended an information session.

1997, c. 42, s. 7.

814.12. A party who does not attend the information session on the mediation process may, unless he files a copy of a report containing a statement that he cannot do so, be condemned to all the costs relating to the application.

1997, c. 42, s. 7.

814.13. The mediator\'s report remains valid, regardless of the circumstances in which it is drawn up, until the judgment on the principal application becomes res judicata; the report also remains valid in respect of any application for review of the judgment.

1997, c. 42, s. 7.

814.14. The Family Mediation Service pays the mediator\'s fees, up to the prescribed number of sessions, provided the fees are in keeping with the tariff established under article 827.3; otherwise, the mediator\'s fees are borne and paid in full by the parties.

1997, c. 42, s. 7; 1999, c. 46, s. 15.

SECTION II

PROCEEDINGS

815. In filiation cases, the court may, even of its own motion, order the impleading of any person whose interests may be affected by the judgment.

1965 (1st sess.), c. 80, a. 815; 1969, c. 81, s. 21; 1982, c. 17, s. 29.

815.1. At any time during the hearing, the court may order, even of its own motion, the production of any additional evidence or the summoning of any person whose testimony it considers expedient, or convoke, for hearing, any person whose interests could be affected by the judgment.

1982, c. 17, s. 29.

815.2. At any time before judgment, the court, with the consent of the parties, may adjourn the hearing of the application for the period it determines, with a view to favouring either the reconciliation of the parties or their conciliation, in particular, through mediation.

At the expiry of that period, the hearing is continued unless the parties expressly agree to an extension for such period as they fix.

1982, c. 17, s. 29; 1993, c. 1, s. 1.

815.2.1. At any time during the hearing of a contested application, the court may order the adjournment of the hearing and the referral of the parties to the Family Mediation Service or, at their request, to the mediator of their choice, for the settlement of one or more matters relating to the custody of the children, the support due to the spouse or children, the family patrimony or other patrimonial rights resulting from the marriage or civil union. The Service shall designate a mediator and fix the date of the first meeting, which must take place no later than on the twentieth day after the order.

When the court makes an order, it shall take into account the particular circumstances of each case, and in particular the fact that the parties have already met a certified mediator, the balance of power in place, the interests of the parties, and, if any, of their children.

Except in cases determined by regulation, the mediator\'s fees are borne by the parties, each bearing the proportion determined by the court. However, in every case where the application involves the interests of the parties and the interests of their children, the Family Mediation Service pays the mediator\'s fees, up to the prescribed number of sessions, provided the fees are in keeping with the tariff established under article 827.3.

The hearing is adjourned for the period determined by the court, not exceeding 90 days. At the expiry of that period, the court shall continue the hearing or fix a later date, unless the parties expressly agree to an extension for a period determined by the court. The parties must begin the mediation process within 20 days after the referral order. Where the parties fail to do so, or where mediation ends before either the end of such a period or the end of the period of adjournment, one of the parties may apply for the continuance of the hearing. The judge having ordered the referral of the parties to mediation shall have the file brought before him, unless the chief justice decides otherwise for administrative reasons.

The court shall make all appropriate orders to safeguard the rights of the parties and children for such time and on such conditions as it determines.

The judge presiding over a pre-trial conference may also order an adjournment and refer the parties to mediation in accordance with this article.

1993, c. 1, s. 2; 1997, c. 42, s. 8; 1999, c. 46, s. 15; 2002, c. 6, s. 108.

815.2.2. On or before the expiry of the period determined under article 815.2.1 or the expiry of the period of 20 days if the parties have not undertaken the mediation process, the mediator shall file the report concerning the mediation at the office of the court and transmit it to the parties and their attorneys.

1993, c. 1, s. 2; 1997, c. 42, s. 9.

815.2.3. (Repealed).

1993, c. 1, s. 2; 1997, c. 42, s. 10.

815.3. Nothing said or written during a conference of reconciliation or conciliation, including a conference of mediation, is admissible as evidence in a court proceeding unless it is a particular mentioned in article 815.2 and the parties and the reconciliator, conciliator or mediator, as the case may be, consent to its being admitted as evidence.

1982, c. 17, s. 29; 1993, c. 1, s. 3.

815.4. No information that would allow the identification of a party to a proceeding or of a child whose interest is at stake in a proceeding may be published or broadcast unless the court or the law authorizes it or unless that publication or broadcast is necessary to permit the application of an Act or a regulation.

Furthermore, the judge may, in a special case, prohibit or restrict, for such time and on such conditions as he may deem fair and reasonable, the publication or broadcast of information pertaining to a sitting of the court.

1982, c. 17, s. 29.

815.5. Where the court adjudicates on an agreement submitted to it as part of a proceeding governed by this Title, it ascertains, among other things, whether the agreement provides sufficient protection for the interests of the children, if any, and ensures that neither party\'s consent was obtained under duress.

The court may, for such purposes, summon and hear the parties, even separately, in the presence of their attorneys, if any.

1997, c. 42, s. 11.

SECTION III

Repealed, 1992, c. 57, s. 370.

816. (Repealed).

1965 (1st sess.), c. 80, a. 816; 1982, c. 17, s. 29; 1992, c. 57, s. 370.

816.1. (Repealed).

1982, c. 17, s. 29; 1992, c. 57, s. 370.

816.2. (Repealed).

1982, c. 17, s. 29; 1992, c. 57, s. 370.

816.3. (Repealed).

1982, c. 17, s. 29; 1992, c. 57, s. 370.

SECTION IV

JUDGMENT

817. In granting a separation from bed and board, marriage annulment or divorce or for the dissolution or annulment of a civil union, the court adjudicates in respect of accessory motions, particularly motions concerning the custody, support and education of the children and the support due to the spouse and children; at the same time, or later, if circumstances so warrant, it adjudicates in respect of matters relating to the family patrimony and other patrimonial rights resulting from the marriage or civil union.

1965 (1st sess.), c. 80, a. 817; 1969, c. 81, s. 22; 1982, c. 17, s. 29; 1990, c. 18, s. 7; 2002, c. 6, s. 109.

not in force

817.0.1. Support awarded by judgment bears interest, by operation of law, at the legal rate from the date on which the payments are due.

1993, c. 72, s. 15.

817.1. Where the court renders a judgment ordering the drawing up or correction of an act of civil status or otherwise entailing the alteration of the register of civil status, it orders, even of its own motion, the registrar to alter the register. The particulars that are to be entered in the register are stated in the judgment.

1982, c. 17, s. 29; 1992, c. 57, s. 371.

817.2. The clerk of the court which has rendered a judgment maintaining an application for separation as to property, for separation from bed and board, marriage annulment or divorce or for the dissolution or annulment of a civil union must forthwith give notice of the judgment to the registrar of civil status and to the registrar in charge of the register of personal and movable real rights.

He must also forthwith transmit the judgment to the depositary of the minute of the original marriage or civil union contract and, where such is the case, on the depositary of the minute of any contract to modify the matrimonial or civil union regime; the depositary must make a reference to the judgment transmitted to him in the minute and any copy thereof issued by him, indicating the date of the judgment, the number of the record, the name of the district and the name of the court.

He must also give notice forthwith of the judgment to the Regie des rentes du Quebec.

1982, c. 17, s. 29; 1989, c. 55, s. 35; 1992, c. 57, s. 372, s. 420; 1995, c. 39, s. 14; 2002, c. 6, s. 110.

817.3. Where the initial judgment and the judgment granting an application for review of accessory measures are rendered in different districts, the clerk of the district where the judgment in review is rendered forwards a copy thereof to the clerk of the other district for filing in the record.

1982, c. 17, s. 29; 1992, c. 57, s. 420.

817.4. After the final judgment has acquired the status of res judicata, the court, where difficulties are likely to prevent the voluntary execution of the judgment, may make, on a joint motion of the parties, an order intended to facilitate voluntary execution in the manner most appropriate to the interests of the parties.

1982, c. 17, s. 29.

CHAPTER II

APPLICATIONS PERTAINING TO MARRIAGE OR A CIVIL UNION

SECTION I

APPLICATIONS BY PERSONS UNDER LEGAL INCAPACITY

818. (Repealed).

1965 (1st sess.), c. 80, a. 818; 1968, c. 84, s. 8; 1982, c. 17, s. 29; 1992, c. 57, s. 373.

818.1. The minor who applies for leave to make matrimonial agreements must, not later than five days before the presentation of a motion, serve his application on the person having parental authority or, if such is the case, on his tutor. He must annex a draft of his marriage contract to his application.

1982, c. 17, s. 29.

818.2. A tutor who, in the name of a person of full age under tutorship, applies for authorization to consent to matrimonial or civil union agreements must annex the advice of the tutorship council and a draft of the contract to his application.

1982, c. 17, s. 29; 1989, c. 54, s. 135; 1992, c. 57, s. 374; 2002, c. 6, s. 112.

SECTION II

OPPOSITIONS TO MARRIAGE OR TO A CIVIL UNION

819. Opposition to marriage or to a civil union must, not later than five days prior to the presentation of the motion, be served on the officiant, on the future spouses and, if such is the case, on the persons who must consent to the solemnization of the marriage.

1965 (1st sess.), c. 80, a. 819; 1982, c. 17, s. 29; 1992, c. 57, s. 375; 2002, c. 6, s. 114; 2002, c. 7, s. 133.

819.1. Unless the opposition is overtly ill-founded or the examination of the opposant shows that the opposition is frivolous, the judge admits the opposition and fixes an early date to hear it.

Admission of the opposition stays the solemnization of the marriage or civil union.

1982, c. 17, s. 29; 2002, c. 6, s. 115.

819.2. The opposition must be presented on the date fixed, failing which any party may obtain a judgment dismissing the opposition. On being served a copy of the judgment, the officiant may proceed with the solemnization of the marriage or civil union.

1982, c. 17, s. 29; 2002, c. 6, s. 115.

819.3. If the opposition is dismissed, the court may, on a motion, condemn the opposant immediately to damages or fix a date to hear the proof on the damages.

1982, c. 17, s. 29.

819.4. Appeal from a judgment on opposition has precedence over any other appeal.

1982, c. 17, s. 29.

CHAPTER III

Repealed, 1992, c. 57, s. 376.

820. (Repealed).

1965 (1st sess.), c. 80, a. 820; 1969, c. 80, s. 12; 1982, c. 17, s. 29; 1992, c. 57, s. 376.

CHAPTER IV

APPLICATIONS FOR SEPARATION AS TO PROPERTY

821. No application for separation as to property may be proceeded with unless notice thereof is served, not later than 20 days previously, in a newspaper circulated in or as near as possible to the locality where the residence of the defendant is established.

1965 (1st sess.), c. 80, a. 821; 1982, c. 17, s. 29.

CHAPTER V

JOINT APPLICATIONS FOR SEPARATION FROM BED AND BOARD OR DIVORCE OR FOR DISSOLUTION OF A CIVIL UNION ON A DRAFT AGREEMENT

822. Spouses who apply jointly for separation from bed and board or divorce or for the dissolution of their civil union, settling the consequences thereof in a draft agreement which they submit to the court for approval, must file at the office of the court a motion to institute proceedings signed by each of them and, if such is the case, their attorneys.

1965 (1st sess.), c. 80, a. 822; 1982, c. 17, s. 29; 2002, c. 6, s. 117; 2002, c. 7, s. 160.

822.1. The draft agreement is dated and signed by the spouses. It contains a full settlement of the consequences of their separation from bed and board or divorce or of the dissolution of their civil union and indicates, if such is the case, the person entrusted with the liquidation of the matrimonial or civil union regime.

The draft agreement also settles the situation of the spouses and that of the children, if any, during the proceedings; it also serves as a provisional covenant unless, to their motion to institute proceedings, the spouses annex such a covenant, dated and signed by them, bearing on the various points that may be the subject of provisional measures.

1982, c. 17, s. 29; 2002, c. 6, s. 118; 2002, c. 7, s. 160.

822.2. The judge presiding at court may, before examining the final draft agreement and after ascertaining the admissibility of the application, direct that the clauses of the provisional covenant which appear to him to be contrary to the interests of the children be deleted or amended.

The judge may also, if he considers it necessary to verify that the spouses truly consent, convene and hear them, even separately, in the presence of their attorneys, if such is the case.

1982, c. 17, s. 29; 1988, c. 17, s. 6.

822.3. If the judge presiding at court finds that the draft agreement presented to him does not sufficiently preserve the interests of the children or of either spouse, he may dismiss the application for separation from bed and board or divorce or for the dissolution of a civil union or adjourn his decision until an amended draft agreement is presented.

1982, c. 17, s. 29; 2002, c. 6, s. 120.

822.4. The application for separation from bed and board or divorce or for the dissolution of a civil union lapses if the spouses omit to present an amended draft agreement within three months from the order of adjournment, unless the court extends the time prescribed, on the joint motion of the parties.

The application also lapses if either of the spouses discontinues the application.

1982, c. 17, s. 29; 2002, c. 6, s. 121.

822.5. When granting separation from bed and board or divorce or the dissolution of a civil union following a joint application accompanied with a draft agreement, the court, by its judgment, confirms the agreement.

1982, c. 17, s. 29; 2002, c. 6, s. 122.

CHAPTER VI

APPLICATIONS PERTAINING TO ADOPTION

SECTION I

GENERAL PROVISIONS

823. Applications in matters pertaining to the adoption of a minor must be served on the director of youth protection having jurisdiction in the child\'s place of residence or, in the case of the adoption of a child domiciled outside Quebec, in the place where the adopter is domiciled.

The director may intervene of right in connection with such application.

1965 (1st sess.), c. 80, a. 823; 1982, c. 17, s. 29; 1987, c. 44, s. 6.

823.1. Whenever notice of an application must be served on a party or on an interested person, the notice must be served and preserve the anonymity of the adopters to the father, mother and tutor, and vice versa. Furthermore, the notice must contain a statement of the object of the application, the grounds invoked and the conclusions sought.

1982, c. 17, s. 29.

823.2. In any proceeding, unless all the parties agree to another manner of proceeding, the court must take the measures necessary to ensure that the persons who apply for the return of a child are not confronted with the adopters and are not able to identify them or to be identified by them.

1982, c. 17, s. 29.

823.3. The court must admit to its sittings any member of the Commission des droits de la personne et des droits de la jeunesse or any other person authorized by the Commission to be present thereat. In no case may such persons disclose any information thus obtained or be compelled to do so.

1982, c. 17, s. 29; 1989, c. 53, s. 12; 1995, c. 27, s. 17.

823.4. This section does not apply in the case of special consent to adoption.

1982, c. 17, s. 29.

SECTION II

APPLICATIONS FOR THE RETURN OF A CHILD

824. Any application made by the person who, having given general consent to adoption and having omitted to withdraw it within the prescribed time, wishes the child to be returned to him, must be served on the director of youth protection. The latter must give notice of the application to the person having or exercising parental authority, to the father or mother if they no longer have parental authority and, if such is the case, to the tutor.

In the case of special consent to adoption, the application for the return of a child is served on the person to whom the child was entrusted.

1965 (1st sess.), c. 80, a. 824; 1982, c. 17, s. 29.

SECTION III

DECLARATION OF ELIGIBILITY FOR ADOPTION

824.1. The application for a declaration of eligibility for adoption is served on the father and mother of the child, if known, on the child\'s tutor, if such is the case, and on the child, if 14 years of age or older. It is also served on a child 10 years of age or older if so ordered by the judge.

1982, c. 17, s. 29.

SECTION IV

APPLICATIONS FOR PLACEMENT AND ADOPTION

825. The application for placement of the child is presented by the adopter and by the director of youth protection, except in the case of special consent to adoption, where it may be presented by the adopter acting alone.

1965 (1st sess.), c. 80, a. 825; 1982, c. 17, s. 29; 1983, c. 50, s. 8.

825.1. A notice of the application for placement stating the name of the applicant and his place of domicile is served on the child 10 years of age or older. Where the child\'s father, mother or tutor is domiciled in Quebec and has given consent to adoption within one year preceding the application, notice of the application is served on him or her by the director of youth protection.

Where consent to adoption is special, the notice of the application for placement is served by the applicant.

1982, c. 17, s. 29; 1983, c. 50, s. 9.

825.1.1. (Repealed).

1987, c. 44, s. 8; 1990, c. 29, s. 7.

825.2. The application for adoption of a person of full age must be served on the person whose adoption is applied for and, if applicable, on his or her married or civil union spouse, his or her children 14 years of age or older and his or her ascendants.

1982, c. 17, s. 29; 2002, c. 6, s. 123.

825.3. The application for the revocation of an order of placement must be served on the director of youth protection, who gives notice of it to the adopter and the person whose adoption is applied for.

In the case of special consent to adoption, the application for revocation is served on the adopter and on the person whose adoption is applied for, if he is 10 years of age or older.

1982, c. 17, s. 29.

825.4. The application for adoption is presented by the adopter. If the adoption is made by two persons, the application is made jointly.

1982, c. 17, s. 29.

825.5. Where a report indicating that a child has not adapted to his adopting family is filed with the court, the court sends a copy of the report to the adopter and, if such is the case, to the tutor or attorney of the child. It notifies them at the same time of the period granted to contest the report.

If the person to be adopted is 14 years of age or over, the court may, if it considers it expedient, send a copy of the report to that person; the court must do so if it intends to refuse adoption on the basis of the report.

1982, c. 17, s. 29.

SECTION V

RECOGNITION OF DECISIONS MADE OUTSIDE QUEBEC

825.6. The application for recognition of a decision granting an adoption made outside Quebec must be presented by the adopter or the adopted person.

The application, in order to be admissible, must be accompanied with certified copies of the decision granting the adoption and of the foreign law.

1983, c. 50, s. 10; 2004, c. 3, s. 21.

825.6.1. (Repealed).

1987, c. 44, s. 9; 1990, c. 29, s. 7.

825.7. The applicant may attach accessory applications to his application, such as for the change of the name or given name of the adopted person and the alteration of the register of civil status.

1983, c. 50, s. 10; 1992, c. 57, s. 379.

CHAPTER VI.1

APPLICATIONS RELATING TO CHILD SUPPORT

825.8. The Government, by regulation, shall establish standards for the determination of the child support payments to be made by a parent, on the basis of the basic parental contribution determined in respect of the child, of the child care expenses, post-secondary education expenses and special expenses relating to the child and of the parents\' custodial arrangement in respect of the child. The Government shall prescribe the use of a form and of a related table determining, on the basis of the parents\' disposable income and the number of children, the basic parental contribution, as well as the production of evidentiary documents.

1996, c. 68, s. 2.

825.9. No application relating to child support may be heard unless it is accompanied by the form prescribed for the determination of child support payments, duly completed by the plaintiff, and by the prescribed documents.

Likewise, no contestation of the application may be heard unless the prescribed form has been produced with the prescribed documents by the defendant. The court may, however, relieve the defendant from his default on the conditions it determines.

The rules provided in this article do not apply to a plaintiff or defendant who is not a parent of the child.

1996, c. 68, s. 2.

825.10. The plaintiff parent must serve a copy of the prescribed form and prescribed documents with the application. Not less than five days before the presentation of the application, the defendant parent must serve a copy of the prescribed form and prescribed documents on the plaintiff parent.

1996, c. 68, s. 2; 1997, c. 42, s. 12.

825.11. The parents may produce the prescribed form and prescribed documents jointly. If they do, they are exempted from service requirements.

1996, c. 68, s. 2.

825.12. If the information stated in the prescribed form or prescribed documents is contested or incomplete or if the court considers it necessary, it may make good the deficiency and, for instance, establish the income of a parent. In establishing the income of a parent, the court may have regard, among other things, to the assets held by the parent and attribute to those assets the production of such income as it sees fit.

1996, c. 68, s. 2.

825.13. The support to be provided to a child is determined without regard to support claimed by a parent of the child for himself.

A judgment granting support to a child and to a parent of the child must state separately the amount of support to be provided to each.

1996, c. 68, s. 2.

825.14. Parents who make a private agreement stipulating a level of child support that departs from the level of support which would be required to be provided under the rules for the determination of child support payments must state precisely, in their agreement and in the form they file, the reasons for such departure.

Likewise, any judgment granting a level of child support which is at variance with a private agreement between the parents or, in the case of a contested application, with the information stated in a form filed by the parents, must state precisely the reasons for such variance and include references to the relevant items of the prescribed form.

1996, c. 68, s. 2; 2004, c. 5, s. 5.

CHAPTER VII

APPLICATIONS RELATING TO PARENTAL AUTHORITY

826. An application for deprivation of parental authority or for withdrawal of an attribute of parental authority or of the exercise of such authority may be presented by any interested person and is served on the person having parental authority, on the tutor of the child or, if the child has no tutor, on the director of youth protection having jurisdiction in the child\'s place of residence; the director may then intervene of right in relation to the application.

1965 (1st sess.), c. 80, a. 826; 1982, c. 17, s. 29; 1992, c. 57, s. 380.

826.1. An application presented by the father and mother or by either of them to have the withdrawn rights restored must be served on the persons who were parties to the application and on the person having parental authority and, if such is the case, on the tutor.

1982, c. 17, s. 29; 1992, c. 57, s. 381.

826.2. During the proceedings, the court may, even of his own motion, order, in respect of the custody and maintenance of the child, any provisional measure it considers expedient.

1982, c. 17, s. 29.

826.3. The court may, even of its own motion, order the establishment of a tutorship council to obtain its opinion on the designation of the person who is to exercise parental authority or on the appointment of a tutor.

1982, c. 17, s. 29; 1992, c. 57, s. 382.

CHAPTER VIII

MISCELLANEOUS PROVISIONS

827. (Repealed).

1965 (1st sess.), c. 80, a. 827; 1968, c. 84, s. 10; 1982, c. 17, s. 29; 1992, c. 57, s. 383.

827.1. The application of a surviving spouse for the establishment of the allowance due to him as compensation for his contribution to the enrichment of the patrimony of his deceased spouse must be served on the liquidator of the succession, if known, and on all the heirs and legatees who might be bound to discharge the debt.

1982, c. 17, s. 29; 1992, c. 57, s. 384; 2002, c. 7, s. 134.

827.2. Any mediation or information session on the mediation process conducted prior to or during proceedings in family matters shall be conducted by a certified mediator. The Government shall designate persons, bodies or associations having authority to certify a mediator.

1993, c. 1, s. 4; 1997, c. 42, s. 13.

827.3. The Government, by regulation, may establish the conditions a mediator must satisfy to be certified and may determine the rules and obligations with which persons, bodies or associations authorized to certify a mediator must comply; the Government may also, by regulation, determine the rules and obligations with which a certified mediator must comply in the exercise of his functions and the penalties applicable for failure to comply with such rules and obligations.

The Government may also, by regulation, establish the tariff of fees payable by the Family Mediation Service to a certified mediator for services provided pursuant to articles 814.3 to 814.14 and article 815.2.1, and limit the fees so payable by the Service to a maximum number of sessions conducted by the mediator. As well, the Government may establish the tariff of fees payable by the parties to a mediator designated by the Service, and the fees payable by parties requiring the services of more than one mediator or for sessions in excess of the number of sessions for which the mediator\'s fees are paid by the Service.

1993, c. 1, s. 4; 1997, c. 42, s. 14; 1999, c. 46, s. 15.

827.3.1. The mediator\'s report records the presence of the parties and the matters on which agreement was reached. In the case of a report referred to in the second paragraph of article 814.6 or in article 814.10, the report records the failure of the parties to reach an agreement to enter into mediation or their wish to enter into mediation with another mediator, or the statement of either party that he cannot attend the information session on the mediation process.

The mediator\'s report may contain no other information. It is dated and signed by the mediator.

1997, c. 42, s. 15.

827.4. If expedient, the Minister of Justice shall determine, by order, for what purposes, other than those set out in articles 814.3 to 814.14 and 815.2.1, the Family Mediation Service may be used subject to the conditions he determines.

1993, c. 1, s. 4; 1997, c. 42, s. 16; 1999, c. 46, s. 15.

827.5. No application relating to an obligation of support may be heard unless it is accompanied by a sworn statement by the plaintiff containing the information prescribed by regulation. If a creditor is a minor, the statement must be made by the person acting for the minor. Likewise, no contestation of the application may be heard unless a sworn statement by the defendant has been filed at the office of the court. The court may, however, relieve the defendant from his default on the conditions it determines.

Moreover, no ruling may be made on an agreement relating to an obligation of support submitted by the parties unless the sworn statement referred to in the first paragraph has been filed by each of the parties at the office of the court.

The statements shall be kept at the office of the court, and are confidential. If the court does not award support, the statements are destroyed.

1995, c. 18, s. 89; 1997, c. 42, s. 17; 1998, c. 36, s. 176.

827.6. As soon as a judgment awarding support or a judgment revising such a judgment is rendered, the clerk of the court shall enter in the register of support payments the relevant information contained in the judgment and in the sworn statements and shall transmit the statements, together with a copy of the judgment, to the Minister of Revenue.

The information entered in the register of support payments is confidential.

1995, c. 18, s. 89.

827.7. Any party to an agreement relating to an obligation of support submitted in connection with an application governed by this Title must, where applicable, declare the fact that the party is a recipient under a last resort financial assistance program or received benefits under such a program during the period covered by the agreement.

1998, c. 36, s. 177.