K. Child Residing Outside Canada

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 39-39

Page 39

An application for child support may be brought in the Supreme Court of British Columbia pursuant to the Divorce Act against a former spouse who ordinarily resides in British Columbia, even though the children reside outside of Canada.¹²³Nothing in the Federal Child Support Guidelines or their Ontario counterpart addresses the jurisdiction of the court to apply the guidelines where a child resides abroad. The presumptive rule set out in section 3(1) of the Ontario Child Support Guidelines has been applied where a mother, with temporary custody, had been permitted by an Ontario court to take the child to a foreign country, pending trial.¹²⁴

[123] M.G. v. A.F., [2003] B.C.J. No. 1196 (S.C.).

[124] Pavicic v. Mitrovic, [2000] O.J. No. 106 (S.C.J.) (right to pursue claim for extraordinary expenses deferred pending completion of up-to-date financial statement in accordance with Ontario Form 13).