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Separation and divorce

File with the DYP: the impacts on separation or divorce proceedings

If the Director of Youth Protection (DYP) becomes involved in your family’s life, it may have an impact on your separation or divorce proceedings. More specifically, it may affect issues of custody and parental authority.

You must inform the Superior Court in some situations

Judgments in separation and divorce matters are generally rendered by the Superior Court. However, if the DYP is involved in your family's life, it is possible that the Court of Québec will have issued judgments regarding your child or will be called upon to do so.

Therefore, if you have filed a custody application in Superior Court, you may have to inform that court of the DYP's involvement. You must do so in the following situations:

  • You have signed an agreement with the DYP that is still in effect.
  • The DYP has asked the Court of Québec to implement measures to protect your child, and you are awaiting a hearing date.
  • The Court of Québec has rendered a decision concluding that the security or the development of your child is compromised and imposing certain measures to protect your child.

How to inform the Superior Court?
You must include this information in your court application. You must also explain how the DYP is involved by providing a "Notice concerning other orders or proceedings" and a copy of the judgment or agreement.

Formulaire

Notice concerning other orders or proceedings (Justice Québec)

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Warning

The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.

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