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Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"

From Clicklaw Wikibooks
add info on service outside of Canada
(edited for accuracy)
(add info on service outside of Canada)
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This office in Ottawa will in turn forward the documents to the appropriate consulate office. The charge will be billed to the client at the end, and is usually $50.  
This office in Ottawa will in turn forward the documents to the appropriate consulate office. The charge will be billed to the client at the end, and is usually $50.  


If the respondent is not willing to go to the consulate office to be served, the Department of External Affairs will not arrange service. In these cases, the client must find a friend or relative in that country who is willing to serve the respondent.
If the respondent is not willing to go to the consulate office to be served, the Department of External Affairs will not arrange service. In these cases, the client must determine if the court outside of Canada has jurisdiction to hear the family law case under section 10 of the ''Court Jurisdiction and Proceedings Transfer Act [SBC 2003] c 28'' or section 3 of the DA. If the court does have jurisdiction, then the client must find a friend or relative in that country who is willing to serve the respondent. Otherwise, the client must apply to the court for leave to serve the respondent outside BC under Rule 6-4 of the Supreme Court Family Rules.


=== 2. Foreign Language Marriage Certificates ===
=== 2. Foreign Language Marriage Certificates ===
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