Acts and Regulations

2020, c.23 - Family Law Act

Full text
Special jurisdiction
71(1)This section applies if the Court
(a) is satisfied that a child has been wrongfully removed to, or is being wrongfully retained in, the Province, or
(b) may not exercise jurisdiction under subsection 68(1), or if the Court has declined jurisdiction under section 70 or subsection 73(2).
71(2)In the circumstances set out in subsection (1), on application, the Court may do one or more of the following:
(a) make any interim parenting order or contact order that the Court considers is in the best interests of the child;
(b) stay the application, subject to
(i) the condition that a party to the application promptly commence or proceed expeditiously with a similar proceeding before an extra-provincial tribunal, or
(ii) any other conditions the Court considers appropriate; and
(c) order a party to return the child to a place the Court considers appropriate and, in the discretion of the Court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application.
Special jurisdiction
71(1)This section applies if the Court
(a) is satisfied that a child has been wrongfully removed to, or is being wrongfully retained in, the Province, or
(b) may not exercise jurisdiction under subsection 68(1), or if the Court has declined jurisdiction under section 70 or subsection 73(2).
71(2)In the circumstances set out in subsection (1), on application, the Court may do one or more of the following:
(a) make any interim parenting order or contact order that the Court considers is in the best interests of the child;
(b) stay the application, subject to
(i) the condition that a party to the application promptly commence or proceed expeditiously with a similar proceeding before an extra-provincial tribunal, or
(ii) any other conditions the Court considers appropriate; and
(c) order a party to return the child to a place the Court considers appropriate and, in the discretion of the Court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application.