What is a provisional order in family law?

In Québec family law, a provisional order is a temporary court decision made while the main case is still pending. Under C.p.c. arts. 49 and 510–511, the court can issue such orders to address urgent matters like custody, support, or exclusive possession of the family residence. These measures ensure the immediate protection and stability of children and spouses until the final judgment. The order can later be modified or replaced once the court hears full evidence on the merits, in accordance with C.c.Q. art. 33 and Divorce Act s. 16.

C.p.c. art. 49, 510–511; C.c.Q. art. 33, 604; Divorce Act, s. 16

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