Quebec Tutorship Documents Checklist: Every Paper You Need to File

A missing birth certificate or an unsigned sworn statement can delay a tutorship application. The documents differ depending on whether you are applying through a notary or filing directly at the courthouse.

The Core Filing Documents

Typical filing documents for suppletive or dative tutorship include:

Introductory Motion (Demande introductive d'instance). This is the formal application outlining your statutory grounds under the Civil Code of Québec. Self-represented applicants can file paper documents at the local palais de justice, while notaries and lawyers use the Greffe numérique judiciaire du Québec (GNJQ) digital portal.

Birth certificates (certificats de naissance). You need official certificates from the Directeur de l'état civil du Québec for the child and both parents. These must be official certificates, not photocopies of hospital records.

Sworn statement of proposed tutor. For a proposed suppletive tutor, the Curateur public du Québec provides a non-mandatory template. Sworn before a Commissioner for Oaths, it covers the applicant's background, past bankruptcies, and willingness to serve without compensation.

Proof of death or deprivation. If a parent is deceased, attach an official acte de décès from the Directeur de l'état civil. If a parent has been deprived of parental authority, include the court judgment.

Background Information and Criminal Record Checks

The Curateur public du Québec's sworn statement is the background disclosure described in the application materials. Ask your notary or court registry whether a separate criminal-record check is required for your specific application.

Evidence for Contested vs. Uncontested Applications

For consensual applications (both legal parents and the proposed tutor agree), the notarial route is simpler. The notary collects your documents, convenes the family assembly, executes the notarial act, and submits everything to the Superior Court for homologation. You need:

• Both parents' written, notarized consent
• Minutes of the family assembly (procès-verbal de l'assemblée de parents)
• All core filing documents listed above

For contested applications (a parent objects), the file moves to a Superior Court judge and the evidence requirements expand:

• Psychosocial assessment from a CISSS/CIUSSS social worker or private court-accredited expert
• Proof of diligent search if a parent cannot be located (affidavit of search, Directeur de l'état civil inquiries, bailiff skip-tracing)
• Evidence that tutorship serves the child's best interest under Article 177 CCQ

The Family Assembly Documentation

When a tutorship council is required — mandatory for dative tutorship or when the child's property exceeds $40,000 — you need to formally summon and document the family assembly. The summons must include legal parents from both sides, grandparents from both maternal and paternal lines, and adult siblings. The signed minutes (procès-verbal) become part of the court file.

Service Requirements

Both parents must receive formal service of the application through a licensed court bailiff (huissier de justice) or registered notification, unless deceased or deprived of parental authority. If the child is 10 or older, they must also be served. Bailiff fees run $70 to $150 per party served. The respondent has 15 days to file a notice of appearance.

Missing a required service step can delay the application or require correction; confirm the notices for your case with your notary or the court registry.

Putting It Together

The filing fee itself is $205 for a physical person at the Superior Court. Add bailiff costs, certified copies ($24.60 for the first five pages), and notary fees if you go that route ($1,500 to $3,500 for an uncontested suppletive tutorship). Legal aid covers tutorship proceedings for eligible applicants; for a single person, the 2026 free-eligibility income threshold is $30,212, subject to asset and liquidity limits.

If you want a consolidated, step-by-step document organizer that walks you through every piece of paper — including the French-to-English term translations for each form — the Quebec Tutorship and Kinship Care Guide lays out the entire sequence from first document to final judgment.

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