Even though divorce is governed Canada-wide by the federal Divorce Act, the most important areas of family law fall within provincial jurisdictions. And Quebec civil law is known to be a thing in itself. This might cause problems when family law issues invoke a spouse, a child or a part of the family property — in Quebec.
Better off with a Quebec family lawyer
Family law is not exhausted by the question of divorce. Marriage contracts, child custody, child and spousal support payments, legal separation, property issues, pensions, investments, medical assistance, legal tutorship, personal incapacity, inheritance issues, youth protection matters, rights of grandparents and questions of elderly abuse — all those to a significant extent is regulated on the provincial level.
In case of a conflict involving Quebec jurisdiction, consulting a Quebec lawyer should be a first thing on your to-do list.
Imagine a situation where a family lived in British Columbia, while spending summertime in a cottage not far from a Quebec-city. The cottage belonged to the wife’s parents who lived in Quebec. Upon their death, the wife inherited the cottage. The family continued to use the cottage, occasionally renting it out to pay for maintenance and taxes. At a certain point, due to some family conflict, the wife left for Quebec with her minor daughter. Divorce proceedings were initiated, but the father was not paying child and spousal support. The debt was growing up, and then the wife died, no divorce happened. In her last Will the wife left the cottage to the daughter (still a minor). Now the father is the daughter’s legal guardian, and he claims a half of the cottage title for himself, as the widower. To add to the entanglement, the liquidator (executor) of the late wife’s Estate is the wife’s mother, who should also inherit the money of the deceased daughter, where the husband’s debt is presumably included. But the child support is actually owed to the child, the mother was just collecting it in the child’s name, and now this role is left for the father. Imagine now that the couple was not married and lived together as de-facto spouses… And so on.
Assuming that British Columbia and Quebec approach all the legal issues in the same way would be a mistake. Even the question of territorial jurisdiction is uncertain (family lived in BC, property is located in Quebec, child’s domicile in Quebec, but it might change for BC again, etc.)
Should the father go to see a BC lawyer? Certainly. Should he also consult a Quebec lawyer? For sure he should. Similarly, the liquidator should not limit herself only to a Quebec legal advice, of course.
Allen Madelin Lawyers provide consultations and representation in family law cases. In need, please contact us by phone: 1 514 904 4017 or by email: [email protected].
