Jurisdictional Conflicts

WE LIVE IN DIFFERENT PLACES. CIRCUMSTANCES CAN AND WILL CHANGE.

It is commonplace today that a family may move within Canada or internationally. Many people develop ties to a number of different legal jurisdictions and they acquire property in different jurisdictions. The development of personal and property connections may have an impact on the separation process.

CUSTODY AND PARENTING

Jurisdiction of a matter is extremely important. If an Order has been applied for outside of Alberta, it is critical that you seek legal advice. Filing a response without fully understanding your rights and remedies and the legal implications may impact you and your children. You may attorn to a jurisdiction (accept that jurisdiction’s authority to make decisions) without realizing the consequences. In the alternative, you may wish to make a Court Application to enforce and vary the Order granted in another province or jurisdiction in accordance with the Extra Provincial Enforcement of Custody Orders Act, RSA 2000, c E-14 or other applicable legislation. You may also need legal advice about the Hague Convention and its remedies that are available if your children are unilaterally removed from Canada without your permission. A proper response in a timely manner is crucial.

At GDE FAMILY LAW, we understand what is at stake and can work with you immediately to safeguard that all of the necessary actions to be taken, are completed quickly and cost-effectively – to ensure the best possible result for you and your family.

If you have an Alberta Order, but you are residing in another province or jurisdiction you may have to bring a Court Application in Alberta to transfer your proceedings to that other jurisdiction. However, before proceeding in any fashion at Court – including the filing of preliminary documents – you should first contact GDE FAMILY LAW. We are here to help, and will do so.

SUPPORT

The jurisdiction dealing with spousal or child support can have a significant impact on the amount that may be ordered as well as enforcement of support once ordered. If you have ties to another province or jurisdiction, you should seek legal advice before taking any steps.

If you have any questions or concerns relating to parenting or support in more than one jurisdiction, please contact GDE FAMILY LAW.