Conflict of Laws Issues in Family Law - Revision history

Nate Russell: /* Property and debt */

2019-07-22T22:34:33Z

Property and debt

← Older revision		Revision as of 22:34, 22 July 2019
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	*dividing property here to take into <span class="noglossary">account</span> the value of the property outside the province,		*dividing property here to take into <span class="noglossary">account</span> the value of the property outside the province,
	*making orders about ~~respecting~~ the care, management, or use of the property outside the province, and		*making orders about the care, management, or use of the property outside the province, and
	*making orders about ownership of the property outside the province.		*making orders about ownership of the property outside the province.

Nate Russell: /* Property and debt */

2019-07-22T22:33:16Z

Property and debt

← Older revision		Revision as of 22:33, 22 July 2019
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	==Property and debt==		==Property and debt==

	The ''[[Family Law Act]]'' is the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses~~, and, at~~ Division 6 of Part 5, the act ~~makes~~ special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and very difficult to understand. You will almost certainly need to speak to a lawyer to figure them out.		The ''[[Family Law Act]]'' is currently the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses. Division 6 of Part 5 of the act has special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and very difficult to understand. You will almost certainly need to speak to a lawyer to figure them out.

	Under section 106 of the ''Family Law Act'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a property claim if:		Under section 106 of the ''Family Law Act'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a property claim if:
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	*making orders about ownership of the property outside the province.		*making orders about ownership of the property outside the province.

	More information about how the ''Family Law Act'' deals with property outside of British Columbia is available in the [[~~Dividing_Property_%26_Debt_in_Family_Law_Matters~~\|Dividing Property & Debt]] ~~section of~~ the chapter on [[~~Property_%26_Debt_in_Family_Law_Matters~~\|Property & Debt]], under the heading "[[Dividing_Property_%26_Debt_in_Family_Law_Matters#Determining_jurisdiction\|Determining jurisdiction]]".		More information about how the ''Family Law Act'' deals with property outside of British Columbia is available in the section on [[Dividing Property & Debt in Family Law Matters\|Dividing Property & Debt]] under the chapter on [[Property & Debt in Family Law Matters\|Property & Debt]], under the heading "[[Dividing_Property_%26_Debt_in_Family_Law_Matters#Determining_jurisdiction\|Determining jurisdiction]]".

	==Resources and links==		==Resources and links==

Nate Russell at 21:58, 22 July 2019

2019-07-22T21:58:15Z

Nate Russell: /* Other orders made outside British Columbia */

2019-07-22T21:56:32Z

Other orders made outside British Columbia

← Older revision		Revision as of 21:56, 22 July 2019
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	Where a support order was made under the law of another province or territory, the order can be ''registered'' in the courts of British Columbia under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Once this is done, that newly registered order can be enforced as if it was a BC order by the person to whom the payments are owed, the ''recipient'', under the ''[[Family Law Act]]'', or by the Family Maintenance Enforcement Program under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.		Where a support order was made under the law of another province or territory, the order can be ''registered'' in the courts of British Columbia under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Once this is done, that newly registered order can be enforced as if it was a BC order by the person to whom the payments are owed, the ''recipient'', under the ''[[Family Law Act]]'', or by the Family Maintenance Enforcement Program under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.

	The ''Interjurisdictional Support Orders Act'' also allows for someone in BC to start a process that could result in the order being changed, either by the court that made the original order or by a new court in the jurisdiction where the other parent now lives. See the Ministry of Attorney General's website for Interjurisdictional Support Services ([https://www.isoforms.bc.ca www.isoforms.bc.ca]) for more on this process. In addition to Canada's other provinces and territories, the ''Interjurisdictional Support Orders Act'' also applies to the orders of some other countries, including the United Kingdom, the United States, Australia, ~~New Zealand~~, and others listed in the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation].		The ''Interjurisdictional Support Orders Act'' also allows for someone in BC to start a process that could result in the order being changed, either by the court that made the original order or by a new court in the jurisdiction where the other parent now lives. See the Ministry of Attorney General's website for Interjurisdictional Support Services ([https://www.isoforms.bc.ca www.isoforms.bc.ca]) for more on this process. In addition to Canada's other provinces and territories, the ''Interjurisdictional Support Orders Act'' also applies to the orders of some other countries, including the United Kingdom, the United States, Hong Kong, Germany, Australia, Zimbabwe, and several others listed in the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation].

	==Property and debt==		==Property and debt==

Nate Russell: /* Other orders made outside British Columbia */

2019-07-22T21:53:22Z

Other orders made outside British Columbia

← Older revision		Revision as of 21:53, 22 July 2019
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	===Other orders made outside British Columbia===		===Other orders made outside British Columbia===

	Where a support order was made under the law of another province or territory, the order can be ''registered'' in the courts of British Columbia under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Once this is done, that newly "registered" order can be enforced as if it was a ~~British Columbia~~ order by the person to whom the payments are owed, the ''recipient'', under the ''[[Family Law Act]]'', or by ~~the recipient and~~ the Family Maintenance Enforcement Program under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.		Where a support order was made under the law of another province or territory, the order can be ''registered'' in the courts of British Columbia under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Once this is done, that newly registered order can be enforced as if it was a BC order by the person to whom the payments are owed, the ''recipient'', under the ''[[Family Law Act]]'', or by the Family Maintenance Enforcement Program under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.

	The ''Interjurisdictional Support Orders Act'' also allows for someone in ~~British Columbia~~ to start a process that could result in the order being changed, either by the court that made the original order or by a new court in the jurisdiction where the other parent now lives. In addition to Canada's other provinces and territories, the ''Interjurisdictional Support Orders Act'' also applies to the orders of some other countries, including the United Kingdom, the United States, Australia, ~~and~~ New Zealand.		The ''Interjurisdictional Support Orders Act'' also allows for someone in BC to start a process that could result in the order being changed, either by the court that made the original order or by a new court in the jurisdiction where the other parent now lives. See the Ministry of Attorney General's website for Interjurisdictional Support Services ([https://www.isoforms.bc.ca www.isoforms.bc.ca]) for more on this process. In addition to Canada's other provinces and territories, the ''Interjurisdictional Support Orders Act'' also applies to the orders of some other countries, including the United Kingdom, the United States, Australia, New Zealand, and others listed in the [http://canlii.ca/t/84vn Interjurisdictional Support Orders Regulation].

	==Property and debt==		==Property and debt==

Corinne Shortridge: /* Other orders made outside British Columbia */

2019-07-03T19:35:38Z

Other orders made outside British Columbia

← Older revision		Revision as of 19:35, 3 July 2019
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	===Other orders made outside British Columbia===		===Other orders made outside British Columbia===

	Where a support order was made under the law of another province or territory, the order can be ''registered'' in the courts of British Columbia under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Once this is done that newly "registered" order can be enforced as if it was a British Columbia order by the person to whom the payments are owed, the ''recipient'', under the ''[[Family Law Act]]'', or by the recipient and the Family Maintenance Enforcement Program under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.		Where a support order was made under the law of another province or territory, the order can be ''registered'' in the courts of British Columbia under the provincial ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. Once this is done, that newly "registered" order can be enforced as if it was a British Columbia order by the person to whom the payments are owed, the ''recipient'', under the ''[[Family Law Act]]'', or by the recipient and the Family Maintenance Enforcement Program under the ''[http://canlii.ca/t/840m Family Maintenance Enforcement Act]''.

	The ''Interjurisdictional Support Orders Act'' also allows for someone in British Columbia to start a process that could result in the order being changed, either by the court that made the original order or by a new court in the jurisdiction where the other parent now lives. In addition to Canada's other provinces and territories, the ''Interjurisdictional Support Orders Act'' also applies to the orders of some other countries, including the United Kingdom, the United States, Australia and New Zealand.		The ''Interjurisdictional Support Orders Act'' also allows for someone in British Columbia to start a process that could result in the order being changed, either by the court that made the original order or by a new court in the jurisdiction where the other parent now lives. In addition to Canada's other provinces and territories, the ''Interjurisdictional Support Orders Act'' also applies to the orders of some other countries, including the United Kingdom, the United States, Australia, and New Zealand.

	==Property and debt==		==Property and debt==

Corinne Shortridge: /* Divorce Act orders */

2019-07-03T19:32:30Z

Divorce Act orders

← Older revision		Revision as of 19:32, 3 July 2019
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	===''Divorce Act'' orders===		===''Divorce Act'' orders===

	When a court order about support has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 18 of the ~~''Act''~~. The order that the spouse gets, however, will only be a ''provisional order'' which has no immediate effect. The Attorney General is required to send the provisional order to the court that made the order, and that court will have a ''confirmation hearing'' under s. 19. If that court confirms the provisional order, the order will be changed. There's more information about this in the [[Making_Changes_to_Child_Support\|Making Changes]] section of the chapter on [[Child Support]], under the heading "[[Making_Changes_to_Child_Support#Orders_made_outside_British_Columbia\|Orders made outside British Columbia]]."		When a court order about support has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 18 of the act. The order that the spouse gets, however, will only be a ''provisional order'' which has no immediate effect. The Attorney General is required to send the provisional order to the court that made the order, and that court will have a ''confirmation hearing'' under s. 19. If that court confirms the provisional order, the order will be changed. There's more information about this in the [[Making_Changes_to_Child_Support\|Making Changes]] section of the chapter on [[Child Support]], under the heading "[[Making_Changes_to_Child_Support#Orders_made_outside_British_Columbia\|Orders made outside British Columbia]]."

	An order for child support or spousal support made under the ''[[Divorce Act]]'' may be registered in any court in Canada under s. 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.		An order for child support or spousal support made under the ''[[Divorce Act]]'' may be registered in any court in Canada under s. 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.

Corinne Shortridge: /* Divorce Act orders */

2019-07-03T19:29:43Z

Divorce Act orders

← Older revision		Revision as of 19:29, 3 July 2019
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	===''Divorce Act'' orders===		===''Divorce Act'' orders===

	When a court order about children has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 5 of the ~~Act~~. The courts of British Columbia will hear an application for an order different than the original order as long as:		When a court order about children has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 5 of the act. The courts of British Columbia will hear an application for an order different than the original order as long as:

	*either spouse normally lives in this province, or		*either spouse normally lives in this province, or

Corinne Shortridge: /* Divorce Act orders */

2019-07-03T19:28:43Z

Divorce Act orders

← Older revision		Revision as of 19:28, 3 July 2019
Line 21:		Line 21:
	*both spouses agree that our courts should deal with the matter.		*both spouses agree that our courts should deal with the matter.

	Since the ''Divorce Act'' applies to the whole of Canada, ''Divorce Act'' orders have effect throughout Canada. An order made under the ''Divorce Act'' may be registered in any court in Canada under s. 20(3) of the ~~''Act''~~, and will be treated as an order of the court in which it is registered for enforcement purposes.		Since the ''Divorce Act'' applies to the whole of Canada, ''Divorce Act'' orders have effect throughout Canada. An order made under the ''Divorce Act'' may be registered in any court in Canada under s. 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.

	===Other orders made outside British Columbia===		===Other orders made outside British Columbia===

Corinne Shortridge: /* Divorce Act orders */

2019-07-03T19:26:44Z

Divorce Act orders

← Older revision		Revision as of 19:26, 3 July 2019
Line 16:		Line 16:
	===''Divorce Act'' orders===		===''Divorce Act'' orders===

	When a court order about children has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 5 of the ''Act''. The courts of British Columbia will hear an application for an order different than the original order as long as:		When a court order about children has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 5 of the Act. The courts of British Columbia will hear an application for an order different than the original order as long as:

	*either spouse normally lives in this province, or		*either spouse normally lives in this province, or

← Older revision		Revision as of 21:58, 22 July 2019
Line 16:		Line 16:
	===''Divorce Act'' orders===		===''Divorce Act'' orders===

	When a court order about children has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 5 of the act. The courts of British Columbia will hear an application for an order different than the original order as long as:		When a court order about children has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under section 5 of the act. The courts of British Columbia will hear an application for an order different than the original order as long as:

	*either spouse normally lives in this province, or		*either spouse normally lives in this province, or
	*both spouses agree that our courts should deal with the matter.		*both spouses agree that our courts should deal with the matter.

	Since the ''Divorce Act'' applies to the whole of Canada, ''Divorce Act'' orders have effect throughout Canada. An order made under the ''Divorce Act'' may be registered in any court in Canada under s. 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.		Since the ''Divorce Act'' applies to the whole of Canada, ''Divorce Act'' orders have effect throughout Canada. An order made under the ''Divorce Act'' may be registered in any court in Canada under section 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.

	===Other orders made outside British Columbia===		===Other orders made outside British Columbia===

	When a court order about children has been made under a provincial law, such as Alberta's ''[http://canlii.ca/t/81vc Family Law Act]'' or the ''[http://canlii.ca/t/8k Children's Law Reform Act]'' of Ontario, or the laws of another country altogether, the order can be ''recognized'' by the courts of British Columbia under s. 75 of our ''[[Family Law Act]]''. A foreign order that has been recognized will be treated as an order of the British Columbia courts for enforcement purposes.		When a court order about children has been made under a provincial law, such as Alberta's ''[http://canlii.ca/t/81vc Family Law Act]'' or the ''[http://canlii.ca/t/8k Children's Law Reform Act]'' of Ontario, or the laws of another country altogether, the order can be ''recognized'' by the courts of British Columbia under section 75 of our ''[[Family Law Act]]''. A foreign order that has been recognized will be treated as an order of the British Columbia courts for enforcement purposes.

	Under Division 7 of Part 4 of the ''[[Family Law Act]]'', the courts of British Columbia can also change orders about children that were made under the laws of a different province or territory, or under the laws of another country. Our courts will usually be very cautious in changing the orders of another court. Our court will usually hear an application for an order different than the original order if:		Under Division 7 of Part 4 of the ''[[Family Law Act]]'', the courts of British Columbia can also change orders about children that were made under the laws of a different province or territory, or under the laws of another country. Our courts will usually be very cautious in changing the orders of another court. Our court will usually hear an application for an order different than the original order if:
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	===''Divorce Act'' orders===		===''Divorce Act'' orders===

	When a court order about support has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under s. 18 of the act. The order that the spouse gets, however, will only be a ''provisional order'' which has no immediate effect. The Attorney General is required to send the provisional order to the court that made the order, and that court will have a ''confirmation hearing'' under s. 19. If that court confirms the provisional order, the order will be changed. There's more information about this in the [[Making_Changes_to_Child_Support\|Making Changes]] section of the chapter on [[Child Support]], under the heading "[[Making_Changes_to_Child_Support#Orders_made_outside_British_Columbia\|Orders made outside British Columbia]]."		When a court order about support has been made under the ''[[Divorce Act]]'', a spouse who moves to a different province can apply to change that order in the new province under section 18 of the act. The order that the spouse gets, however, will only be a ''provisional order'' which has no immediate effect. The Attorney General is required to send the provisional order to the court that made the order, and that court will have a ''confirmation hearing'' under section 19. If that court confirms the provisional order, the order will be changed. There's more information about this in the [[Making_Changes_to_Child_Support\|Making Changes]] section of the chapter on [[Child Support]], under the heading "[[Making_Changes_to_Child_Support#Orders_made_outside_British_Columbia\|Orders made outside British Columbia]]."

	An order for child support or spousal support made under the ''[[Divorce Act]]'' may be registered in any court in Canada under s. 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.		An order for child support or spousal support made under the ''[[Divorce Act]]'' may be registered in any court in Canada under section 20(3) of the act, and will be treated as an order of the court in which it is registered for enforcement purposes.

	===Other orders made outside British Columbia===		===Other orders made outside British Columbia===
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	The ''[[Family Law Act]]'' is the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses, and, at Division 6 of Part 5, the act makes special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and very difficult to understand. You will almost certainly need to speak to a lawyer to figure them out.		The ''[[Family Law Act]]'' is the only law in British Columbia that deals with the division of family property and family debt between married and unmarried spouses, and, at Division 6 of Part 5, the act makes special provisions for dealing with property located outside the province. These provisions are extraordinarily complicated and very difficult to understand. You will almost certainly need to speak to a lawyer to figure them out.

	Under s. 106 of the ''Family Law Act'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a property claim if:		Under section 106 of the ''Family Law Act'', where another court can make an order about the same parties and the same property, the court here must first decide whether it should make any orders at all. The court may decide to deal with a property claim if:

	*the person against whom the claim is made, the ''respondent'', has made a claim for the division of property under the ''[[Family Law Act]]'',		*the person against whom the claim is made, the ''respondent'', has made a claim for the division of property under the ''[[Family Law Act]]'',