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- Chapter 12 - Effect, Registration and Enforcement of Child Support Orders
GG. Registration Against Land
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 481-482 |
Page 481
EE. RECIPROCAL ENFORCEMENT; INTERJURISDICTIONAL
SUPPORT ORDERS
There are circumstances where a Provincial Court may decline to enforce a foreign support order registered under the Family Relations Act (B.C.) on the ground that enforcement would be inequitable, but it is only in exceptional circumstances that equity should aid a parent who has failed to support a child when able to do so.207In Genova v. Knight,208a chambers judge was found to have erred in declaring the child support provisions of a divorce judgment granted in New Jersey, U.S.A. contrary to public policy in British Columbia under section 19(3)(b)(ii) of the Interjurisdictional Support Orders Act,209because the divorce judgment also incorporated the terms of a matrimonial property settlement which was conditioned upon the dismissal of a pending domestic violence complaint in New Jersey. The chambers judge was found by the British Columbia Court of Appeal to have taken too narrow a view of the issue of public policy by failing to take into account the matter of comity and the conflict of laws aspect of the issue in light of expert evidence that the impugned contractual provision was considered routine and not contrary to public policy in New Jersey. The British Columbia Court of Appeal concluded that caution dictated against a finding that enforcement of the New Jersey child support provisions would be contrary to public policy in British Columbia, given that the fundamental principles of child support in law and society, in the circumstances of the present case at least, overwhelmed the relatively minor concern that there might have been an attempt to stifle a public offence that was completely unrelated to the issue of child support. After acknowledging the importance of sustaining child support obligations, the British Columbia Court of Appeal remitted the issue back to the trial court for appropriate enforcement of the child support provisions of the New Jersey divorce judgment.
FF. PRESERVATION ORDERS
Section 8(1) of The Family Maintenance Act, 1997 (Saskatchewan) empowers the Saskatchewan Court of Queen’s Bench to grant an interim or final order to restrain the disposition or wasting of assets available to satisfy a claim under the Act. It is not necessary to find an intention on the part of the respondent to waste assets for relief to be granted under section
8. The test is simply whether the disposition or wasting of assets would impair or defeat a claim...
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- Chapter 12 - Effect, registration and enforcement of child support orders
- A. Definition of "Court"
- B. National Effect of Corollary Orders
- C. Enforcement and Variation Distinguished
- D. Enforcement Under Provincial Laws
- E. Burden of Proof; Failure to Attend
- F. Federal Enforcement Legislation
- G. Garnishment; Attachment; Execution
- H. Enforcement by Provincial Agencies
- I. Suspension of Driving Licence
- J. Crown’s Priority as Tax Collector; Other Creditors
- K. Committal for Contempt; Receivership
- L. Order or Agreement; Election of Remedy
- M. Enforcement of Support Arrears against Bankrupt Defaulter
- N. Fraudulent Conveyances and Preferences
- O. Locus Standi of Child
- P. Child No Longer a Child of the Marriage
- Q. Enforcement, Suspension and Remission of Arrears
- R. Enforcement by Provincial Court
- S. Enforcement of Separation Agreement
- T. Set-Off
- U. Interest
- V. Piercing the Corporate Veil
- W. Division of Matrimonial Property
- X. Effect of Death
- Y. Stay of Enforcement
- Z. Effect of Reconciliation
- AA. Laches; Limitation of Actions
- BB. Assignment of Orders
- CC. Fixing of Arrears; Payment by Instalments
- DD. Support Deduction Orders
- EE. Reciprocal Enforcement; Interjurisdictional Support Orders
- FF. Preservation Orders
- GG. Registration Against Land
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