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Family law

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
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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
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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
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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
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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
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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
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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
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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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Droit de la famille – 133568 2013 QCCA 2182 (CanLII)

The Issue: Child maintaining close relationship with both parents. Decision: The interest of the child commands a priori that the child have a relationship as close as possible with his
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Published under Family law