Ministère de la Justice
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Parents with dependent children, who cannot agree on certain issues related to their separation, have a legal obligation to attend a family mediation information session. They can choose either of the following options:
Under exceptional situations, such as those involving spousal violence, it is possible to obtain an exemption. The exemption request must be addressed to the mediator.
Parenting after separation information sessions Parenting after separation information sessions are conducted in the evening and they last 2.5 hours. They give parents tools to deal with their break-up and settle the details of their separation, whether as part of the family mediation process or during a court hearing.
Each information session covers the following topics:
The session ends with a question period. At the end of the session, each parent receives all the relevant documentation and an attestation of attendance.
If they request it, former spouses can attend the same information session, otherwise they will attend different sessions. They can attend the session accompanied by a person of their choice. This person must register for the session. Parenting after separation information sessions are offered in 42 courthouses throughout Québec. Family mediation Following the parenting after separation information session, the former spouses can attend a series of family mediation sessions with a credited family mediator to address various aspects of their separation.
These aspects may include:
At the end of the process, the mediator prepares a summary of the aspects on which an agreement has been reached. The summary is not a contract or judgment. It can be submitted to a lawyer who will draw up a final contract, or a document indicating consent to the agreement. The contract can then be submitted to the court to be homologated or ratified.
Any couple who has at least one dependent child, and who
Information sessions since December 1, 2012 The ministère de la Justice pays the fees of certified family mediators:
The Ministère pays the fees of certified family mediators for the number of free hours specified in the Regulation respecting family mediation, provided their rate does not exceed the legal rate ($110 per hour). It does not pay for
Provisions in force prior to December 1, 2012 The provisions in force prior to December 1, 2012, according to which the Ministère pays $95 per session, continue to apply to couples who meet the following conditions:
The provisions allow for 6 free mediation sessions or 3 free sessions in the case of the review of a judgment; each session lasting an average of 1.5 hour. Additional sessions are at the couple’s expense.
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