Difference between revisions of "Conflict of Laws Issues in Family Law"

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].