Acts and Regulations

2020, c.23 - Family Law Act

Section 72
Disposition versions

Full text
Orders of extra-provincial tribunal
72(1)On application by any person in whose favour a parenting order or contact order in respect of a child has been made by an extra-provincial tribunal, the 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, under the requirements of subsection 68(1), the extra-provincial tribunal could not exercise jurisdiction if it were a court in the Province.
72(2)If the Court is presented with conflicting parenting orders or contact orders in respect of a child made by extra-provincial tribunals that, but for the conflict, would be recognized by the Court under subsection (1), the Court shall recognize the order that appears to the Court to be most in accord with the best interests of the child.
72(3)An order made by an extra-provincial tribunal that is recognized by the Court shall be deemed to be an order of the Court and enforceable as an order of the Court.
72(4)If the Court has recognized an extra-provincial order, the Court may make any further orders under this Act that it considers necessary to give effect to the order.
Orders of extra-provincial tribunal
72(1)On application by any person in whose favour a parenting order or contact order in respect of a child has been made by an extra-provincial tribunal, the 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, under the requirements of subsection 68(1), the extra-provincial tribunal could not exercise jurisdiction if it were a court in the Province.
72(2)If the Court is presented with conflicting parenting orders or contact orders in respect of a child made by extra-provincial tribunals that, but for the conflict, would be recognized by the Court under subsection (1), the Court shall recognize the order that appears to the Court to be most in accord with the best interests of the child.
72(3)An order made by an extra-provincial tribunal that is recognized by the Court shall be deemed to be an order of the Court and enforceable as an order of the Court.
72(4)If the Court has recognized an extra-provincial order, the Court may make any further orders under this Act that it considers necessary to give effect to the order.