130(1)A court shall only exercise its jurisdiction to make an order for custody of or access to a child where
(a)
the child is habitually resident in the Province at the commencement of the application for the order; or
(b)
although the child is not habitually resident in the Province, the court is satisfied
(i)
that the child is physically present in the Province at the commencement of the application for the order,
(ii)
that substantial evidence concerning the best interests of the child is available in the Province,
(iii)
that no application for custody of or access to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident,
(iv)
that no extra-provincial order in respect of custody of or access to the child has been recognized by a court in the Province,
(v)
that the child has a real and substantial connection with the Province, and
(vi)
that, on the balance of convenience, it is appropriate for jurisdiction to be exercised in the Province.
130(2)A child is habitually resident in the place where he resided
(a)
with both parents,
(b)
where the parents are living separate and apart, with one parent under a separation agreement or with the implied consent of the other or under a court order, or
(c)
with a person other than a parent on a permanent basis for a significant period of time,
whichever last occurred.
130(3)The removal or withholding of a child without the consent of the person having custody of the child does not alter the habitual residence of the child unless there has been acquiescence or undue delay in commencing due process by the person from whom the child is removed or withheld.
130(4)Notwithstanding subsection (1) and section 130.2, a court may exercise its jurisdiction to make or to vary an order in respect of the custody of or access to a child where
(a)
the child is physically present in the Province, and
(b)
the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if
(i)
the child remained in the custody of the person legally entitled to custody of the child,
(ii)
the child was returned to the custody of the person legally entitled to custody of the child, or
(iii)
the child was removed from the Province.
130(5)A court having jurisdiction in respect of custody or access may decline to exercise its jurisdiction where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside the Province.