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.
Impact on custody and parental authority
If the DYP is involved in your family's life, measures may have been implemented to protect your child. These measures may have an impact on the custody of your child. Here are some examples:
- The Court of Québec has rendered a decision ordering that your child remain with you or prohibiting contact between your child and certain other persons.
- You have signed an agreement with the DYP which provides that you and your ex will share custody of your child.
If you ask the Superior Court to rule on custody while such measures are in place, the court could choose, for example:
- to refuse to issue a ruling on custody and instead refer your application to the Court of Québec,
- render a decision that is consistent with the protection measures in place, or
- wait for the end of the protection measures before rendering a decision.
Impact on other aspects of separation or divorce
If the DYP or the Court of Québec has established a custody schedule, the Superior Court will use this in calculating the amount of child support.
However, the DYP's involvement will have no impact on the division of property or spousal support payments. Such matters are dealt with by the Superior Court.
The end of the DYP's involvement
The DYP can end its involvement if it believes that the security and development of your child are no longer compromised. This may be following an evaluation or at the end of a period covered by an agreement or an order of the Court of Québec. Here are the consequences:
- If the DYP ends its involvement while separation or divorce proceedings are ongoing: the Superior Court can analyze the situation and render a judgment on custody and parental authority based on the best interests of your child.
- If the DYP ends its involvement after separation or divorce proceedings have concluded: you could ask the Superior Court to modify any orders regarding custody or parental authority because the child's situation has now changed.
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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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