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Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"
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Simple Divorce Procedure: Step by Step (3:VI) (view source)
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=== 1. Serving Divorce Papers Outside Canada === | === 1. Serving Divorce Papers Outside Canada === | ||
In circumstances where the respondent in a divorce action is living outside Canada, '''and''' is willing to go to the Canadian Consulate office nearest to where she or he lives in order to accept service, the Consul will serve the respondent at that office, for a fee. However, keep in mind that this form of service requires the respondent’s cooperation, as she or he must be willing to attend at the consular office personally when notified by its staff to do so. | In circumstances where the respondent in a divorce action is living outside Canada, '''and''' is willing to go to the [https://travel.gc.ca/assistance/embassies-consulates Canadian Consulate office] nearest to where she or he lives in order to accept service, the Consul will serve the respondent at that office, for a fee. However, keep in mind that this form of service requires the respondent’s cooperation, as she or he must be willing to attend at the consular office personally when notified by its staff to do so. | ||
To comply with the requirements of this form of service, the client must forward service documents to the Consulate: | To comply with the requirements of this form of service, the client must forward service documents to the Consulate: | ||
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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 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. | 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 [http://canlii.ca/t/84m2 ''Court Jurisdiction and Proceedings Transfer Act [SBC 2003<nowiki>]</nowiki> 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 === | ||
