In modern society many families move both within Canada and internationally during their relationship. Many families develop ties to a number of different legal jurisdictions and they acquire property in different jurisdictions. The development of personal and property connections may have a dramatic impact on the steps parties need to take when they separate.
International Child Custody Jurisdiction
If a custody or parenting order has been applied for in a jurisdiction other than Alberta, it is important that you seek immediate legal advice.
Filing a response without fully understanding your rights and remedies and the legal implications may impact you and your children. You may attorn to a jurisdiction (accept that country’s authority to make decisions) without realizing the consequences. Alternatively, you may wish to make an application to enforce and vary the Order granted in another Canadian jurisdiction or another country in accordance with the Extra Provincial Enforcement of Custody Orders Act.
You may also need legal advice about the Hague Convention and remedies that are available if your children are removed from Canada without your permission. A proper response in a timely manner is crucial.
If you have a custody or parenting order granted in Alberta, but you are residing in another province or Country you may have to bring an application in Alberta to transfer your proceedings to that other jurisdiction. However, before taking any steps at Court – including filing documents – you should seek legal advice.
The jurisdiction dealing with spousal or child support can have a significant impact on the amount that may be ordered as well as enforcement of support once ordered. If you have ties to another province or country, you should seek legal advice before taking any steps.
If you have any questions or concerns relating to parenting or support in more than one jurisdiction, please contact one of our lawyers immediately.