Acts and Regulations

F-2.2 - Family Services Act

Full text
Repealed
130.2Repealed: 2020, c.24, s.3
1982, c.13, s.7; 1997, c.2, s.22; 2020, c.24, s.3
Order of extra-provincial tribunal
130.2(1)Upon application by any person in whose favour an order for the custody of or access to a child has been made by an extra-provincial tribunal, a court shall recognize the order unless the court is satisfied
(a) that the respondent was not given reasonable notice of the commencement of the proceeding in which the order was made,
(b) that the respondent was not given an opportunity to be heard by the extra-provincial tribunal before the order was made,
(c) that the law of the place in which the order was made did not require the extra-provincial tribunal to have regard for the best interests of the child,
(d) that the order of the extra-provincial tribunal is contrary to public policy in the Province, or
(e) that, in accordance with subsection 130(1), the extra-provincial tribunal would not have jurisdiction if it were a court in the Province.
130.2(2)An order made by an extra-provincial tribunal that is recognized by a court shall be deemed to be an order of the court and enforceable as such.
130.2(3)A court presented with conflicting orders made by extra-provincial tribunals for the custody of or access to a child that, but for the conflict, would be recognized and enforced by the court under subsection (1) shall recognize and enforce the order that appears to the court to be most in accord with the best interests of the child.
130.2(4)A court that has recognized an extra-provincial order may make such further orders under this Act as the court considers necessary to give effect to the order.
1982, c.13, s.7; 1997, c.2, s.22