By Jason Hansra
When an issue arises regarding parenting arrangements of children, one of the first considerations is determining the appropriate jurisdiction. If you have recently relocated to British Columbia with your child(ren), the appropriate jurisdiction to hear the matter may be the child’s former province or country of residence.
However, certain provisions in the British Columbia Family Law Act (“FLA”) address parenting matters when both B.C. and another province in B.C. or perhaps another country may be involved. Division 7 of the FLA deals with extraprovincial matters respecting parenting arrangements.
Section 73 of the FLA states that the purposes of this Division are as follows:
(a) to ensure that court applications respecting guardianship, parenting arrangements or contact with a child are determined on the basis of the best interests of the child;
(b) to avoid the making of orders respecting guardianship, parenting arrangements or contact with a child, respecting the same child, in more than one jurisdiction;
(c) to discourage child abduction as an alternative to determining by due process the guardianship of, or parenting arrangements with respect to, a child;
(d) to provide for effective enforcement of orders respecting guardianship, parenting arrangements or contact with a child, and for the recognition and enforcement of extraprovincial orders.
When the custody of a child is in question, jurisdictional issues can arise. If you have any questions or issues regarding the appropriate jurisdiction or dealing with an existing extraprovincial order in B.C., contact one of our experienced family law lawyers via phone 604 265 8400 or our contact form.