Order to supersede extra-provincial order – material change
130.3(1)Upon application, a court by order may supersede an extra-provincial order in respect of custody of or access to a child where the court is satisfied that there has been a material change in circumstances that affects or is likely to affect the best interests of the child and
(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 the child no longer has a real and substantial connection with the place where the extra-provincial order was made,
(iii)
that substantial evidence concerning the best interests of the child is available in the Province,
(iv)
that the child has a real and substantial connection with the Province, and
(v)
that, on the balance of convenience, it is appropriate for jurisdiction to be exercised in the Province.
130.3(2)A court may decline to exercise its jurisdiction under this section where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside the Province.