Request health services or social services for a child without the other parent’s consent due to a situation of sexual, spousal or family violence

You may request health services (like health care) or social services for your children without the other parent’s consent, due to a situation of:

• sexual violence;
• spousal violence;
• family violence ^{Read the content of the note 1} . 

For your child to receive these services, you must first obtain an attestation from a designated public servant or public officer, in other words a prosecuting attorney working for the Directeur des poursuites criminelles et pénales.

You can obtain this attestation even if you have not filed a police report.

The services requested must be services recognized by the Minister of Justice.

Learn more about the attestation here

You do not need attestation if your child:

• is 14 years old or older and is therefore able to consent to treatment;
• needs urgent care or care required by his or her state of health, for example following a serious injury.

Serious injuries include:

• a fracture;
• a wound;
• an amputation;
• a sprain;
• a burn;
• head trauma;
• a lesion.

In any of these cases, you should go to the emergency department.

Does your child need other care or services? If your child is under the age of 14, you need to request an attestation from a public officer if:

• the other parent refuses to give consent; or
• it is not safe for you to obtain the other parent's consent.

The services requested must be services recognized by the Minister of Justice.

First step: complete the attestation request form

The OATH OR SOLEMN AFFIRMATION section of the form must be completed and signed by you and a Commissioner for Oaths. You can also go to a courthouse to have the section signed.

• Attestation request form:
  • Printable version of the form (PDF 324 Kb)
  • Version of the form to complete online (PDF 397 Kb)
• Find a Commissioner for Oaths 
• Find a courthouse near your location  (in French only)

You can also obtain a printed version of the form at:

• a courthouse;
• a police station;
• a DPCP point of service (in French only);
• a Crime Victims Assistance Centre (CAVAC) ;
• a Sexual Assault Assistance Centre (Centre d’Aide et de Lutte contre les Agressions à Caractère Sexuel, or CALACS)  (in French only);
• a women's shelter for victims of domestic violence  (in French only);
• a health and social services establishment (hospital, youth centre, etc.).

Second step: gather all the necessary documents

In addition of the attestation request form, you also have to provide:

• a copy of the birth certificate for the child covered by the application, or any judgment establishing filiation between you and the child;
• a copy of 2 pieces of photo identification issued by the Government of Quebec, the Government of Canada or the government of another country, which validate your identity;
• one of the two following documents:
  • a copy of your police report or the name of the police force that intervened in your case (e.g. Sûreté du Québec);
  • a document (e.g., a letter) in support of your request from someone related to you or to the child living with you.

The individual related to you or to the child can be:

• your doctor;
• a professional who has previously provided services to you or your child (psychologist, psychiatrist, pediatrician, etc.);
• a person working for an institution in the health and social services network (hospital, youth centre, etc.);
• a worker from a victim assistance service such as a CAVAC, CALACS or shelter.

Third step: send your documents to the DPCP

To obtain your attestation, send all 4 documents to a DPCP point of service close to your location or deliver them in person.

A public officer will then process your request.

Fourth step: forward the attestation

The attestation you receive will have an expiry date.

The expiry date is specified in the document. It occurs 45 days (counting all days from Sunday to Monday) after the attestation’s date of issue.

This means that, once you receive the attestation, you have 45 “calendar days” to

• request recognized services for your child;
• place your child on a waiting list for such services.

You should forward the attestation as quickly as possible to the person, clinic or institution that will provide the services.

A person providing services must belong to a professional order (psychologist, physician, etc.) or be a caseworker for a psychosocial support service.

The health or social services provided for your child may begin or continue after the 45‑day time limit, as long as you requested the services or placed your child’s name on a waiting list within the time limit.

If you do nothing, the attestation will expire, and you will have to apply for a new attestation.

The public official will process your request rapidly.

This person may ask to meet with you. He or she may also communicate with a person or a professional in contact with you to obtain additional information.

If the public officer refuses to issue an attestation, you will receive a document entitled Refusal of Attestation. If needed, you can question the public officer about the refusal.

If you have any questions, contact a DPCP point of service to reach a public officer.

List of criminal and penal prosecuting attorneys designated as public officers (PDF 306 Kb) (in French only)

The attestation is no longer valid following the expiry of the period for filing an appeal against a judgment:

• declaring that the other parent has lost his or her parental authority;
• setting out the rights and obligations determining each parent's parental authority.

The attestation also loses its validity if the person or institution providing the services determines that they should not or should no longer be provided to the child.

The attestation is no longer valid if it has not been used within 45 days of the date of issue

• to request services;
• to place the child on a waiting list.