Can a Canadian lawyer reply to this question please? I need to know the specific law that states that British Columbia (or Canadian) Courts can not override an Order issued by the Courts in another Country, that has jurisdiction over the case.

  • I believe the term for this is "comity", but that doesn't really answer your question as to the specific law. – D M Mar 8 '18 at 20:58
  • The statement you are making isn't universally true. – ohwilleke Apr 8 '18 at 18:51

I'm not Canadian and I'm not a lawyer, but I found this section of a British Columbia law regarding foreign child custody orders, saying the court must recognize them:

75 (1) A court must recognize an extraprovincial order if all of the following apply:

(a) the extraprovincial tribunal would have had jurisdiction to make the order under the rules that are applicable in British Columbia;

(b) each party to a proceeding in which the extraprovincial order was made had

(i) reasonable notice that the order would be made, and

(ii) a reasonable opportunity to be heard respecting the order;

(c) the extraprovincial tribunal was required by law to consider the best interests of the child;

(d) it would not be contrary to public policy in British Columbia to recognize the order.

But the very next section says the court can supersede such an order:

76 (1) On application, a court may make an order that supersedes an extraprovincial order that has been recognized under section 75 [recognition of extraprovincial orders] if satisfied that

(a) the child would suffer serious harm if that child were to

(i) remain with, or be returned to, the child's guardian, or

(ii) be removed from British Columbia, or

(b) a change in circumstances affects, or is likely to affect, the best interests of the child and subsection (2) of this section applies.

This seems like an area of law where the details are going to matter a lot. As always, if you need specific legal advice, you need to hire an attorney.

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