Going to court means taking legal action. You’ll have to present your case to a judge who will rule on your claims in accordance with the law and case law. It goes without saying that this option should be used only when all other options have failed.

We’ll draft a legal procedure reflecting your claims using the information and documents you’ve provided.

You may have many questions about your rights as well as the legal process. What happens next? Will it be necessary to go to court? What are the steps involved?

Each case is individual. In some cases, certain steps may be eliminated, while in others, some steps are repeated. Moreover, the process may vary depending on your case’s judicial district. We’ll discuss all this with you.

When litigation is unavoidable, you can count on our strength and experience to represent your interests. Our lawyers maintain an active litigation practice and have more than thirty years’ experience pleading before the courts of Quebec.

COMPLEX FINANCIAL STRUCTURE
For some couples, a break-up may require an analysis of the various corporate or financial
structures set up by one or other of the spouses (family businesses, management companies, family trusts, etc.). This analysis is often required to determine income to set child or spousal support and divide the couple’s assets, where applicable.

With her years of experience as a commercial lawyer for a major national law firm, MeMarie-Elaine Tremblay has a rare expertise among family law practitioners that proves useful and is very advantageous in family law proceedings.

REPRESENTING A CHILD
In Quebec, children have the right to participate in the judicial process. This right is clearly set out in the Quebec Civil Code :

Article 34: The court shall, in every application brought before it affecting the interest of a child, give the child an opportunity to be heard if his age and power of discernment permit it.

A child can therefore be represented by a lawyer in a family dispute. A mature child – regardless of age – who is capable of mandating may be represented before the Court.

The Court of Appeal clearly indicated in 2007 that the choice of the child who has reached the age of 12 is a determining factor in the judge’s analysis of custody or access rights. The older the child, the more the courts will respect their wishes. But the child’s wishes must be serious: they must not be whimsical or motivated by circumstances not in the child’s best interests.

MeSylvie Schirm, the co-author of the book La représentation des enfants en matière familiale : leurs droits, leur avenir (Representing children in family matters: their rights, their future’), published in 2004 by Éditions Yvon Blais Inc., has many years of experience representing children in custody disputes involving their parents.

Negotiations take place between lawyers to arrive at a solution satisfactory to both parties.

Negotiation can take place before legal proceedings or even during the legal process after action has been brought.

Before taking legal action, it’s often advisable to have tried negotiation. However, taking legal action to protect your rights is sometimes urgent.

We can decide on the most appropriate course of action for you and your family.

Family mediation is a process that couples can undergo to try to settle the terms of their separation or divorce, with the assistance of an accredited family mediator. The mediator may be a lawyer, notary, guidance counsellor, psychologist, social worker or psycho-educator, but must be accredited. Mediators do not have coercive powers; in other words, they cannot force a party to provide any information or documents, nor can they force people to respect agreements reached in mediation. Nor can the mediator, even if they are a lawyer or notary, give you legal advice during the mediation process. Their role is more that of an intermediary, who seeks to facilitate discussion between the former spouse(s) and explore possible solutions to the various problems raised by the parties.

Mediation can sometimes settle only one of the points in dispute, even if finding solutions on other points isn’t possible. For instance, the parties might agree on the terms of custody of the children, but not agree on how to determine the income of one of the parents to set the amount of child support payable, or even on how to share the family residence. If you opt for family mediation, you may end it at any time, with no formalities other than giving written notice to the mediator and your spouse.

Although the parties’ lawyers cannot be present and accompany their client during the family mediation sessions, you can consult us throughout the mediation process to know your rights and obligations and ensure you reach the right agreements, all without jeopardizing the mediation process. Our role is that of an advisor, more at a distance from the process whose sole aim is protecting you and your children.

Who pays for family mediation sessions in Quebec?

If you have dependent children, whether you are married or not, you can take advantage of free family mediation sessions, i.e. five hours following a separation, or two and a half hours in the case of an application for review of a judgment or agreement. The mediator is then paid by the government. If additional sessions are required, you may continue to use the services of an accredited family mediator, but you’ll be required to pay for them at an hourly rate set by the government.

However, not all family mediators accept cases subsidized by the government in this way. Some accredited family mediators will charge you their hourly rate, in which case you won’t be entitled to any free services.

We can discuss the various options available to you and recommend the services of an accredited family mediator tailored to your needs.

If you’re involved in a dispute with your ex-spouse and want to resolve your differences, conciliation is a process worth considering.

WHAT IS CONCILIATION?
Conciliation is NOT mediation: a mediator works alone with both parties, without their lawyer, to reach a compromise, but a mediator does not give legal advice.
Conciliation is NOT arbitration either: an arbitrator makes a decision after hearing both parties, much as a judge would.
Conciliation is a dispute resolution process outside the legal system. It involves working with both parties, accompanied by their respective lawyers, to reach a compromise and avoid going to trial.
If you want to take part in a conciliation process, our professionals can act as your legal advisers, standing by your side and defending your rights.
If you’re already represented by a lawyer and are looking for an experienced conciliator, Me Sylvie Schirm is a conciliator who can work with you and your lawyers to resolve the differences between you and your former spouse. The conciliation process takes place in a non-confrontational manner, where we take the time needed to find a resolution that works for you. We’ll set the agenda and deadlines together. As conciliator, Me Schirm will meet with you in private with your lawyer, and/or together, as required.

PRIVACY
All meetings with the conciliator are confidential. This means that you won’t be able to use any information obtained during the conciliation meetings in Court, nor will you be able to compel your conciliator to give evidence in Court. This means that you can participate in the process freely and without concern.

WHAT DO YOU GAIN?
Knowledge of the end result, peace of mind and an end to conflict. You’ll be able to move on with your life, and your children will benefit from having two parents who’ve resolved their differences.