The Unified Family Court: Understanding Family Law Reform in Quebec

Why a unified court?

For several years, legal professionals and litigants have denounced the complexity of the judicial path in family matters. Currently, depending on the nature of the request—divorce, custody, child support, filiation—the same family may have to address two different courts: the Superior Court and the Court of Quebec, resulting in additional costs, prolonged delays, and fragmented case handling. The idea of a unified court is not new; it has been circulating since the 1970s¹.

The Unified Family Court aims to group these jurisdictions within a single instance as much as possible to facilitate access to justice for Quebec families².

When does the reform take effect?

The UFC will be operational as of June 30, 2025, as provided by the commencement article of Bill 91³.

Who is affected?

The UFC will primarily handle cases involving:

• Civil unions;
• Parental unions (a new legal regime introduced by the 2024 Law);
• Parental projects involving surrogacy⁴.

It will notably have jurisdiction to decide on:

• Child custody requests;
• Child support between parents or for children;
• Division of family patrimony (in eligible unions);
• Issues related to parental authority⁵.

Conversely, divorces and disputes between de facto spouses (outside of a parental union) remain under the exclusive jurisdiction of the Superior Court, notably due to the constitutional division of powers⁶.

What are the steps in the judicial process before the UFC?

The reform provides for a structured process including the following steps:

a) Mandatory Family Mediation

Before any hearing, parties must participate in a family mediation session. This obligation applies to all eligible cases, except for motivated exceptions (e.g., domestic violence, risk to a child)⁷.

The objectives are clear: favor amicable settlements, reduce legal costs, and unclog the courts. However, several critics point to the lack of resources in regions and the need for better training for mediators, particularly to identify violence situations⁸.

b) Conciliation Session

If no agreement is reached in mediation, a judicial conciliation session is held. This step aims to find a quick solution with the help of a judge. However, in the current version of Bill 91, the same judge facilitates the conciliation and decides the dispute if it fails, which could deter parties from being fully open during negotiations⁹.

c) Summary Hearing

In case of failure, a summary hearing is scheduled immediately after. It aims to render a decision on residual disputes within a more streamlined framework than ordinary hearings¹⁰.

What are the issues raised by the reform?

Despite the goal of unification, several major criticisms have been formulated by professional associations:

• Limited Scope: The UFC does not encompass all family disputes, notably divorces, which remain before the Superior Court. This creates a risk of a dual system based on marital status¹¹.
• Unjustified Categorization of Children: The law provides different regimes based on the type of union of the parents. However, according to Article 522 of the Civil Code of Quebec, all children should be treated equally, regardless of the circumstances of their birth¹².
• Logistical Problems: Implementation will require significant human resources (judges, clerks, mediators), which are currently insufficient in several districts. Judicial delays are expected if funding is not adequate¹³.
• Training of Judges and Lawyers: Several judges of the Court of Quebec have never handled cases involving the division of family patrimony or compensatory allowance. Specific training is required¹⁴.

Concrete Examples

• A couple in a parental union with a child separates after July 2025: Their custody and child support request will be heard before the UFC, with a mandatory prior mediation obligation.
• Two de facto spouses with a child born in 2023: They must address the Superior Court for any child support request, as their situation is not covered by the UFC.
• A parent engaged in a surrogacy project after 2025: Can file their filiation request directly before the UFC without going through the Superior Court.

Triparentality and the Unified Family Court: A Family Model Seeking a Legal Framework

The Unified Family Court (UFC), entering into force on June 30, 2025, aims to simplify and improve the handling of family disputes. However, this reform arrives at a time when family forms are evolving rapidly. A recent example illustrates this complexity: on April 25, 2025, the Superior Court recognized, in a historic judgment (V.M. v. Directeur de l'État civil, 2025 QCCS 1304), that a child can have more than two legal parents.

This recognition of triparentality reflects a reality experienced by more and more families, but it raises many questions for which the law does not yet offer clear answers. The new court will have to deal with unprecedented situations, such as the sharing of parental authority between three adults or the management of parental time and financial responsibilities in these configurations.

Even if the UFC represents an important step forward in making the system more accessible and coherent, it risks being quickly confronted with family realities it was not designed to regulate.

Conclusion

The Unified Family Court constitutes a significant advance toward a more accessible, modern family justice system centered on children's needs. However, its effectiveness will depend on its ability to overcome the many challenges identified by the legal community.

Litigants and legal professionals will have to adapt to this new framework and closely follow the adjustments that will be necessary during the first years of implementation.

Furthermore, it is essential to remember that the UFC will be called upon to hear not only simple cases but also complex matters. It is therefore important that the training of judges be rigorous and adapted to this reality. Additionally, care must be taken to ensure that the spirit of Article 522 of the Civil Code of Quebec, which mandates that every child be treated equally, is fully respected in all decisions rendered under this new structure.