Do you want a court to settle issues related to your separation? Before going to trial, ex-couples are usually required to consider mediation, attend a mediation information session and, for some couples, actually try mediation. Check whether these three requirements apply to you and make sure you comply with them so the court can hear your separation application.
Important! There are exceptions for people experiencing family or intimate partner violence.
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Protections in cases of family or intimate partner violence
You don’t have to participate in an information session or try mediation if you’re experiencing family or intimate partner violence. But you must get a certificate confirming you’ve gone to a victims assistance service recognized by the Ministère de la justice (Quebec’s justice department). To get a certificate, contact a victims assistance service and tell them you’re experiencing family or intimate partner violence. You must file the certificate with the court office. The certificate is confidential.
Mediators are responsible for ensuring that mediation is safe for everyone involved. You can ask your mediator to assess whether mediation is appropriate in your situation. The Association des médiateurs familiaux du Québec (Quebec family mediators association) recommends using the DOORS questionnaire to do this evaluation. You can ask your mediator to use it.
1st Requirement: Consider mediation
You and your ex must consider mediation before filing a separation application with the court. At this stage, you don’t have to try mediation, but you do have to ask yourself if mediation is a good option for settling your separation.
2nd Requirement: Participate in an information session on mediation and parenting
Do you and your ex have kids together? If so, you must usually participate in an information session on parenting and family mediation before going to trial.
Have you and your ex already participated in the information session? Generally, you don’t have to go again. But the court can ask you to go if it’s in the best interests of your children.
What is the purpose of the information session?
The information session on parenting and mediation informs ex-couples about mediation as an option for settling their separation. It’s also an opportunity for parents to think about how they can co-parent in a healthy way after their separation.
What happens at the information session?
To participate in the information session, you must register with the Superior Court’s family mediation service. The information session is free. It’s online and lasts about three hours. You and your ex will not be in the same group, unless you request it.
You’ll get a participation certificate at the end of the information session. The certificate is a document saying you participated in the session. You must file the certificate with the court to go to trial.
3rd Requirement: Try mediation
Ex-couples in a civil union or parental union have a third requirement: trying mediation before trial. This requirement only applies if you’re asking the court to settle at least one of these issues:
- how you’ll divide your property and finances (for example, the house, expenses, debts, furniture, decorations, vehicles, appliances, electronics),
- who will have custody of your children,
- who can make important decisions about your children (for example, the choice of school, healthcare, and their long-term activities and hobbies),
- who pays child support and who receives it, and
- who pays spousal support and who receives it.
Ex-couples who are married or in a common-law relationship can also try mediation when appropriate, but they don’t have to.
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Good to know! Parents who separate can get up to five free hours of family mediation from the government. To take part, you must choose a mediator who participates in the government program. |