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The court found the child was not habitually resident in British Columbia, recognized key parts of a Cayman consent order, stayed the BC proceeding, and left ancillary enforcement relief for renewal.
The Court dismissed the father’s application to recognize a Florida order returning the child to Florida, holding the order was not recognizable under the Family Law Act.
The court dismissed a father's application to travel with the children to Turkey, finding the trip was not in their best interests because of a real risk he might not return them.
The court had jurisdiction over a Vancouver property dispute, but stayed the B.C. proceedings in favour of comprehensive ongoing litigation in Portugal.
Court has jurisdiction to grant summary judgment in ISOA proceedings; applicant proved there are no material factual disputes on the s.20(4)(b) defences (notice/opportunity, public policy, jurisdiction) and respondent failed to demonstrate a real chance of success on those defences; the Nova Scotia Court of Appeal decision resolving jurisdiction is res judicata; accordingly summary judgment granted and respondent's application to set aside the Florida order is dismissed and the registration stands.
Source excerpt
BC Supreme Court recognized a Pennsylvania custody order, assumed jurisdiction over the children, and ordered further evidence before varying parenting arrangements.
Ontario is the most appropriate forum because the parties contractually agreed the Canadian Federal Child Support Guidelines would govern and no court should deviate from their Minutes of Settlement, the appellant initiated foreign proceedings to obtain a more favorable order, comity does not require deferring to the French court under these circumstances, and no compelling factors justified staying Ontario proceedings in favour of France; appeal dismissed and costs awarded to respondent.
Source excerpt
The British Columbia Court of Appeal held that the Supreme Court lacked jurisdiction under the Family Relations Act to vary a Washington child support order.
The court allowed an appeal and held that child support provisions in a New Jersey divorce order were not void as against British Columbia public policy.
Competing custody applications over an eight-year-old child were addressed. The court declined to fully enforce the prior New Jersey order, found no s.44 jurisdiction, and ordered a conditional return to New Jersey.
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