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Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"
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Further Topics and Overlapping Legal Issues in Family Law (view source)
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====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 | 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. | ||
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 meddling with 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 meddling with the orders of another court. Our court will usually hear an application for an order different than the original order if: | ||
#the child normally lives in British Columbia | #the child normally lives in British Columbia, or | ||
#the child is physically present in the province but will be at serious risk unless the original order is changed. | #the child is physically present in the province but will be at serious risk unless the original order is changed. | ||
