On behalf of Gary Kirk of Kirk Montoute LLP posted in Family Law on Tuesday, October 9, 2018.
Divorce is divisive even in the best of circumstances. But when parents live in different places, it can be even harder to enforce any court orders. That’s why under family law rules in Alberta, the province has interjurisdictional agreements with other provinces, territories and countries that recognize, uphold and possibly change court orders pertaining to family law rules.
These family law partners, as it were, have similar legislation and processes as Alberta. For instance if a custodial parent is living in Alberta and wants to file a child support order against a parent who is in Ontario, he or she will do so in Alberta. If a judge issues a provisional order, it can be sent to an Ontario court where it will be reviewed. A judge will either refuse it, grant it or send back to Alberta, asking for further evidence.
Foreign orders are handled in much the same way. But there are certain instances when an Alberta court won’t entertain a foreign order such as if that order goes against public policy or if the foreign court didn’t have the legal right to issue the order in the first place. A determination can be filed if one person doesn’t believe a foreign order should have been issued.
These laws can get confusing and complicated. Having an Alberta family law lawyer shed light on the legalities that go hand in hand with out-of-jurisdiction court orders may alleviate a lot of stress. With laws constantly in flux, it is important to know how they can affect issues such as court orders regarding an absent parent.
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