A. Judicial Jurisdiction over Original Application for Child Support on or after Divorce

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 24-24

Page 24

See note ¹

Sections 3, 4, and 6 of the Divorce Act define the jurisdictional competence of a court to entertain an original application for a child support order on or after divorce. Subject to the discretionary powers of transfer conferred by section 6 of the Divorce Act, which applies where the proceedings include a contested application for child custody or access, the primary basis for the exercise of jurisdiction under the Act is the "ordinary residence" of either spouse within the province wherein the proceedings are commenced.²In a "corollary relief proceeding" wherein child support is first sought after the divorce of the spouses, an alternative basis for jurisdiction arises where both former spouses accept the jurisdiction of the court. If the spouses are ordinarily resident in different provinces, and they file separate divorce petitions or corollary relief proceedings in the two provinces and neither is discontinued within thirty days of its commencement, the court of the province in which the first petition or application was filed will assume exclusive jurisdiction over the proceeding. If both petitions or applications have been filed on the same day, the conflict of...