The Divorce Act Changes Explained: Part II
This paper is currently being updated in view of Canada’s ratification of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Convention).
This technical guide provides information about changes to the Divorce Act through legislation Parliament passed in 2019. Specifically, it includes a paper that explains federal family law amendments related to inter-jurisdictional family law matters, as well as technical information about amendments related to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Convention) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996 Convention). Each entry details the amendment to the legislation, explains the change, and provides the reason for it.
Table of Contents
- Introduction
- Part I: The Inter-jurisdictional Recovery of Family Support in Canada.
- Provincial/Territorial ISO Legislation and the International Recovery of Family Support: Reciprocity Arrangements.
- Inter-jurisdictional Support under the Divorce Act
- Divorce Act, Inter-jurisdictional Support, and former Bill C-78
- Inter-jurisdictional Proceedings under the Divorce Act involving Provinces/Territories, or involving a Province/Territory and a Foreign Designated Jurisdiction
- Conversion Applications.
- Recognition of Foreign Decisions under the Divorce Act
- Part II: New Inter-jurisdictional Rules on Parenting Orders and Contact Orders (see also The Divorce Act Changes Explained)
- Part III: The 1996 and 2007 Conventions and former Bill C-78 (see section by section description of amendments in Appendix D)
- Part IV: Coming into Force of Applicable Bill C-78 Provisions
- Appendix A – Definitions
- Appendix B
- Appendix C
- Appendix D
- Divorce Act Changes Part II: Provisions Relating to the 1996 Convention and the 2007 Convention Explained
- Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
- International Conventions (Definition)
- Central Authority (Definition)
- Competent Authority (Definition)
- Creditor (Definition)
- Debtor (Definition)
- State Party (Definition)
- Implementation, Interpretation and Application of the 2007 Convention
- Force of Law
- Inconsistency
- Explanatory Report
- Application
- Application of Creditor to Central Authority
- Recognition of State Party Decision Varying Child Support Order
- Spousal Support Order
- Registration and Recognition
- Enforcement
- Establishment or Variation of Child Support Order or Calculation or Recalculation of Amount
- Types of Applications
- Sending of Application
- Application of Section 19
- Order
- Application of Certain Provisions
- Exception
- Application of Debtor to Central Authority
- Recognition of State Party Decision Suspending or Limiting Enforcement of Child Support Order
- Spousal Support Order
- Registration and Recognition
- Enforcement
- Variation of Child Support Order or Recalculation of Amount
- Types of Applications
- Sending of Application
- Application of Section 19
- Order
- Application of Certain Provisions
- Exception
- Spousal Support Orders
- Declaration in Respect of a Province
- Application of Creditor to Court
- Recognition of State Party Decision Varying Support Order
- Registration and Recognition
- Enforcement
- Application of Debtor to Court
- Registration and Recognition
- Enforcement
- Limits on Divorce Proceedings
- Support Decision Obtained in State Party
- Exceptions
- Other Amendments Relating to 2007 Convention
- Assignment of an Order to a Public Body
- Rights- Public Body
- Definition of State Party
- Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
- Definitions
- Definitions
- Implementation, Interpretation and Application of the 1996 Convention
- Force of Law
- Inconsistency
- Explanatory Report
- Application
- Jurisdiction
- Child Habitually Resident in State Party
- Wrongful Removal or Retention
- Child Present in the Province
- Divorce Proceeding – Child Habitually Resident in State Party
- Definition of Parental Responsibility
- Transfer of Jurisdiction
- State Party Better Placed to Assess Child’s Best Interests
- Canadian Court Better Placed to Assess Child’s Best Interests
- Urgency
- Urgent Cases
- Recognition
- Recognition by Operation of Law
- Measure Taken Deemed to be Variation Order
- Extent of Validity
- Jurisdiction Respecting Recognition
- Effect of Recognition
- Effect of Non-recognition
- Enforcement
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