Satellite: Family and Family Law

Summary of the meeting of July the 10th, 1990

Panel:

The first meeting took place on July 10,1990. This panel was devoted to the study of chapter 11 of "Putting Families first: the Plan of Action respecting Family Policy 1989-1990" on family law in Ouébec.

During this meeting, the guest speakers had the opportunity to sum up on the situation of family law in many sectors. The speakers who work in the legal and social fields discussed many aspects including family mediation and legislative amendments pertaining to family law.

Guest speakers

This Satellite took place in Montreal.

The works of this Satellite were published in the "Pensons famille" Newsletter: Volume 2, Number 15, July-August 1990.

If you wish to obtain a copy, please contact the Regroupement inter-organismes pour une politique familiale au Québec.

Summary of the meeting of September the 11th, 1990

Satellite: Family and Families' Rights

The meeting of September 11, 1990 aimed at preparing a Document for further reflections on the following topic: strengths and weaknesses of family law in Québec. This meeting was part of the works, which will be presented at the World Conference in Moscow on the theme "Global Family Policy and Families' Rights: at the Present Time and in the Future".

In their speeches, the guest speakers discussed the aspects, which are specific to family law in Québec in as daily interpretation, and in the recommendations of modifications to be brought about.

The law experts also worked out a list of recommendations on the following topics: legislation and social provisions which respect and reinforce the unity of the family; the relationship of parents and children in time and space; marriage contracts and social contracts; family patrimony; family residence. The experts mention that separation, divorce, break-up of marital ties or their non- existence as for instance in common-law marriage do not eliminate the existence of parents responsibilities towards the children like palimony and custody.

In the perspective of a maternity policy, the speakers tried to analyze the recommendations, which have been made on paternity presumption and on the new procreation technologies.

Guest speakers:

Attempts to Define the Family

Ms Diane Gareau, notary
Ms Johanne Roby, holder of a diploma in law
Ms Fleurette Boucher, lawyer
Inform'elle

Ms Johanne Roby, Fleurette Boucher, and Diane Gareau discuss the state of the family and attempt to give a definition of the family that could be used in the Ouébec Civil Code. This definition gets rid of the traditional markers and takes into account the new realities of the Quebec society. (See Volume 2, Numéro 16, September 1990, Page2-3)

The protection of the Spouses

Ms Hélène Dufresne, lawyer
Ms Lorraine Daigle, lawyer
Ms Diane Vézina, lawyer
Ms Fleurette Boucher, lawyer
Ms Diane Gareau, notary
Ms Johanne Roby, holder of a diploma in law
Collectif d'Inform'elle

In this collective text, the lawyers and the notary from Inform'elle depict the strengths and weaknesses of family law in Quebec and of the situation of the families in the new socio-cultural context.

A comparison between marriage according to the law and common-law marriage bring about a reflection on the minimal protection that should be given to the spouses, on the situation of their children, on the marriage contracts, on the sharing out of the patrimony.

Despite the break-up of the ties or their non-existence, how is it possible to recognize and maintain the existence of parents' responsibilities and, at the same time, harmonize the relations through family mediation and protect the children through paternity presumption. New orientations reflecting the reality can bring about modifications in the Civil Code.

It is necessary to create new markers for the protection of the spouses . (See Volume 2, Number 16, September 1990, Page 3)

Family Mediation

Ms Jacqueline Labrie
Médiation professionelle du Québec inc.

Ms Jacqueline Labrie from the Family Médiation Service explains how mediation can be a way for solving the conflicts based on co- operation between the people involved in the separation. This way of solving the conflicts, which has so far, brought convincing results should be available to all families in Québec. (See Volume 2, Number 16, September 1990, Page 6)

A Report on Divorce and its Consequences on Families

Mr Aldo Morrone,practitioner
Service de Médiation familiale du CSSMM and co-founder of the Institut de Médiation de Montréal

It is necessary to define the notion of parenthood in terms, which would be non-exclusive and non-possessive. Divorce does not mean the end of the couple or of the family but as evolution towards a new definition. For the couple, it means the evolution of the marital relation between the spouses towards a new functional relation. (See Volume 2, Number 16, September 1990, Page 7)

Family and Family Law

Ms Denise Desmeules, lawyer
Le Conseil de la famille

Ms Denise Desmeules discusses the positions taken by the Family Council on family law regarding family mediation, paternity presumption and palimony. She insists on the treatment given by the current family law to families based on common-law marriage. (See Volume 2, Number 16, September 1990, Page 8)

Family Law

Ms Guylaine Berubé, research and writing
Ms Micheline Boivin, coordination and supervision
Le Conseil du statut de la femme

This is an excerpt of the text published in November 1989 and called :"Commentaries on Putting Families fist : Plan of Action Respecting Family Policy". This text discusses the measures contained in this plan of action, the necessity for a coherent definition of common-law marriage. and the importance of respecting individuals' choices regarding types of marriages when modifications will be brought to family law. (See Volume 2, Number 16, September 1990, Page 9)

Plan of Action and Current Legislation

Ms Mariette Bety, lawyer
Le Secretariat à la famille

Ms Mariette Bety proposes a reflection in two points :first, the state of the situation regarding the measures advocated by the Secretary of Family Affairs for further modifications to the Civil Code. Second, she discusses the laws which were recently adopted and which are of particular interest for the families :the laws on Public Curator. family patrimony, palimony collection and adoption . (See Volume 2, Number 16, September 1990, Page 10)

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