Acts and Regulations

2020, c.23 - Family Law Act

Section 68
Disposition versions

Full text
Prerequisites for parenting order or contact order
68(1)The Court shall only exercise its jurisdiction to make or vary a parenting order or contact order in respect of a child if
(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 substantial evidence concerning the best interests of the child is available in the Province,
(iii) that no application for a parenting order or contact order with respect to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident,
(iv) that no extra-provincial order with respect to the child has been recognized by a court in the Province,
(v) that the child has a real and substantial connection with the Province, and
(vi) that, on the balance of convenience, it is appropriate for jurisdiction to be exercised in the Province.
68(2)A child is habitually resident in the place where the child resided most recently, either
(a) with their parents,
(b) if the parents are living separate and apart, with a parent under a separation agreement or with the implied consent of another parent or under a court order, or
(c) with a person other than a parent on a permanent basis for a significant period of time.
68(3)The removal or withholding of a child without the consent of any other person having a parenting order with respect to the child does not alter the habitual residence of the child unless there has been acquiescence or undue delay in commencing due process for the return of the child by the person from whom the child is removed or withheld.
Prerequisites for parenting order or contact order
68(1)The Court shall only exercise its jurisdiction to make or vary a parenting order or contact order in respect of a child if
(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 substantial evidence concerning the best interests of the child is available in the Province,
(iii) that no application for a parenting order or contact order with respect to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident,
(iv) that no extra-provincial order with respect to the child has been recognized by a court in the Province,
(v) that the child has a real and substantial connection with the Province, and
(vi) that, on the balance of convenience, it is appropriate for jurisdiction to be exercised in the Province.
68(2)A child is habitually resident in the place where the child resided most recently, either
(a) with their parents,
(b) if the parents are living separate and apart, with a parent under a separation agreement or with the implied consent of another parent or under a court order, or
(c) with a person other than a parent on a permanent basis for a significant period of time.
68(3)The removal or withholding of a child without the consent of any other person having a parenting order with respect to the child does not alter the habitual residence of the child unless there has been acquiescence or undue delay in commencing due process for the return of the child by the person from whom the child is removed or withheld.