Jurisdiction

• Jurisdiction: Canada
• Pages: 18-32
• Author: Julien D. Payne,Marilyn A. Payne

18

CHAPTER 2

Jurisdiction

A. JUDICIAL JURISDICTION OVER APPLICATIONS FOR CHILD

SUPPORT ON OR AFTER DIVORCE

Sections 3, 4, 5, 6, 6.1, 6.2, and 6.3 of the Divorce Act dene the jurisdictional competence of

a court to entertain an original application for a child support order on or after divorce or

an application to vary an existing child support order.1 Subject to the discretionary powers

of transfer conferred by section 6 of the Divorce Act, which applies where the proceedings

include an application for an order for the exercise of parenting time or parental decision-

 See Julien D Payne & Marilyn A Payne, Canadian Family Law, th ed (Toronto: Irwin Law, ) ch.

As to interjurisdictional support orders, see ss – of the Divorce Act; see also ss –. of the Divorce

Act whereby the provisions of the Convention of 23 November 2007 on the International Recovery of

Child Support and Other Forms of Family Maintenance ( Hague Child Support Convention) have

the force of law in Canada insofar as they relate to subjects that fall within the legislative competence of

Parliament. As to the implementation of the Convention of 19 October 1996 on Jurisdiction, Applicable

Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for

the Protection of Children, see the Divorce Act, ss –. And see John-Paul E Boyd, “A Brief Overview

of Bill C-, An Act to Amend the Divorce Act and Related Legislation; Part : Amendments Relating

to Interjurisdictional Agreements and Treaties” (June ), online: Canadian Research Institute For

Law and the Family https://afccontario.ca/wp-content/uploads///Boyd-Overview-of-Bill-C-Pt-

-June-.pdf; Department of Justice, Canada, “e Divorce Act Changes Explained: Par t II,” online:

Department of Justice, Canada www.justice.gc.ca/eng/-df/c-mdf/dace-clde/index.html. e 

Hague Child Support Convention came into force for Canada and applies to the provinces of Manitoba

and Ontario on  February , and to British Columbia on  March . It is expected that the Con-

vention will be progressively implemented in other provinces and territories in Canada: see Department

of Justice, Canada, “Enforcement of Child and Spousal Support Payments between Provinces, Territories

and Countries,” online: www.justice.gc.ca/eng/-df/enforce-execution/enforce-execut.html. See also

Ontario Family Responsibility Oce (FRO) website and the Hague Conference on Private International

Law website, subheading “Child Support,” online: HCCH.net; and see Andina van Isschot & Annick

Boulay, “Strengthening Family Justice Services: Recent Changes to the Family Orders and Agreements

Enforcement Assistance Act and Canada’s Implementation of the  Hague Child Support Convention,”

County of Carleton Law Association, rd Annual Institute of Family Law,  April , Montebello,

Quebec.

Child Support Guidelines 2024.indb 18Child Support Guidelines 2024.indb 18 11/18/2024 10:45:52 AM11/18/2024 10:45:52 AM