Acts and Regulations

I-12.05 - Interjurisdictional Support Orders Act

Section 12
Disposition versions

Full text
Choice of law
12(1)When determining a claimant’s entitlement to support for a child, a New Brunswick court shall apply the law of the jurisdiction in which the child ordinarily resides, but if under that law the claimant is not entitled to support, the New Brunswick court shall apply the law of New Brunswick.
12(2)When determining the amount of support to be provided for a child, a New Brunswick court shall apply the law of New Brunswick.
12(3)When determining a claimant’s entitlement to support for him or herself and the amount of that support, a New Brunswick court shall apply the law of New Brunswick, but if under that law the claimant is not entitled to support, the New Brunswick court shall apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.
Choice of law
12(1)When determining a claimant’s entitlement to support for a child, a New Brunswick court shall apply the law of the jurisdiction in which the child ordinarily resides, but if under that law the claimant is not entitled to support, the New Brunswick court shall apply the law of New Brunswick.
12(2)When determining the amount of support to be provided for a child, a New Brunswick court shall apply the law of New Brunswick.
12(3)When determining a claimant’s entitlement to support for him or herself and the amount of that support, a New Brunswick court shall apply the law of New Brunswick, but if under that law the claimant is not entitled to support, the New Brunswick court shall apply the law of the jurisdiction in which the claimant and the respondent last maintained a common habitual residence.