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Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Full Document:  

Act current to 2020-01-27 and last amended on 2019-06-21. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 16, s. 1

      • 1 (1) The definitions custody and custody order in subsection 2(1) of the Divorce Act are repealed.

      • (2) The definition accès in subsection 2(1) of the French version of the Act is repealed.

      • 1997, c. 1, s. 1(3)

        (3) The definition provincial child support service in subsection 2(1) of the Act is replaced by the following:

        provincial child support service

        provincial child support service means any service, agency or body designated in an agreement with a province under subsection 25.01(1) or 25.1(1); (service provincial des aliments pour enfants)

      • 1997, c. 1, s. 1(1); 2005, c. 33, s. 8(1)

        (4) The definitions corollary relief proceeding, divorce proceeding and spouse in subsection 2(1) of the Act are replaced by the following:

        corollary relief proceeding

        corollary relief proceeding means a proceeding in a court in which either or both former spouses seek a child support order, a spousal support order or a parenting order; (action en mesures accessoires)

        divorce proceeding

        divorce proceeding means a proceeding in a court in which either or both spouses seek a divorce alone or together with a child support order, a spousal support order or a parenting order; (action en divorce)

        spouse

        spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01 and 25.1, a former spouse; (époux)

      • (5) The definition spouse in subsection 2(1) of the Act is replaced by the following:

        spouse

        spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01, 25.1 and 30.7, a former spouse; (époux)

      • 1997, c. 1, s. 1(3)

        (6) Paragraph (a) of the definition applicable guidelines in subsection 2(1) of the Act is replaced by the following:

        • (a) if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and

      • (7) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

        competent authority

        competent authority means, except as otherwise provided, a tribunal or other entity in a country other than Canada, or a subdivision of such a country, that has the authority to make a decision under their law respecting any subject matter that could be dealt with under this Act; (autorité compétente)

        contact order

        contact order means an order made under subsection 16.5(1); (ordonnance de contact)

        decision-making responsibility

        decision-making responsibility means the responsibility for making significant decisions about a child’s well-being, including in respect of

        • (a) health;

        • (b) education;

        • (c) culture, language, religion and spirituality; and

        • (d) significant extra-curricular activities; (responsabilités décisionnelles)

        family dispute resolution process

        family dispute resolution process means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; (mécanisme de règlement des différends familiaux)

        family justice services

        family justice services means public or private services intended to help persons deal with issues arising from separation or divorce; (services de justice familiale)

        family member

        family member includes a member of the household of a child of the marriage or of a spouse or former spouse as well as a dating partner of a spouse or former spouse who participates in the activities of the household; (membre de la famille)

        family violence

        family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes

        • (a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;

        • (b) sexual abuse;

        • (c) threats to kill or cause bodily harm to any person;

        • (d) harassment, including stalking;

        • (e) the failure to provide the necessaries of life;

        • (f) psychological abuse;

        • (g) financial abuse;

        • (h) threats to kill or harm an animal or damage property; and

        • (i) the killing or harming of an animal or the damaging of property; (violence familiale)

        legal adviser

        legal adviser means any person who is qualified, in accordance with the law of a province, to represent or provide legal advice to another person in any proceeding under this Act; (conseiller juridique)

        order assignee

        order assignee means a minister, member, agency or public body to whom a support order is assigned under subsection 20.1(1); (cessionnaire de la créance alimentaire)

        parenting order

        parenting order means an order made under subsection 16.1(1); (ordonnance parentale)

        parenting time

        parenting time means the time that a child of the marriage spends in the care of a person referred to in subsection 16.1(1), whether or not the child is physically with that person during that entire time; (temps parental)

        relocation

        relocation means a change in the place of residence of a child of the marriage or a person who has parenting time or decision-making responsibility — or who has a pending application for a parenting order — that is likely to have a significant impact on the child’s relationship with

        • (a) a person who has parenting time, decision-making responsibility or an application for a parenting order in respect of that child pending; or

        • (b) a person who has contact with the child under a contact order; (déménagement important)

  • — 2019, c. 16, s. 2

    • 2002, c. 8, par. 183(1)(i)

      2 Subsections 3(2) and (3) of the Act are replaced by the following:

      • Jurisdiction if two proceedings commenced on different days

        (2) If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding is deemed to be discontinued.

      • Jurisdiction if two proceedings commenced on same day

        (3) If divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both spouses, determine which court retains jurisdiction by applying the following rules:

        • (a) if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;

        • (b) if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the spouses last maintained a habitual residence in common if one of the spouses is habitually resident in that province; and

        • (c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.

  • — 2019, c. 16, s. 3

    • 1993, c. 8, s. 1; 2002, c. 8, par. 183(1)(i)

      3 Subsections 4(2) and (3) of the Act are replaced by the following:

      • Jurisdiction if two proceedings commenced on different days

        (2) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a corollary relief proceeding was commenced first has exclusive jurisdiction to hear and determine any corollary relief proceeding then pending between the former spouses in respect of that matter and the second corollary relief proceeding is deemed to be discontinued.

      • Jurisdiction if two proceedings commenced on same day

        (3) If corollary relief proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules:

        • (a) if at least one of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;

        • (b) if neither of the proceedings includes an application for a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and

        • (c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.

  • — 2019, c. 16, s. 4

    • 2002, c. 8, par. 183(1)(i)

      4 Subsections 5(2) and (3) of the Act are replaced by the following:

      • Jurisdiction if two proceedings commenced on different days

        (2) If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days, and the proceeding that was commenced first is not discontinued, the court in which a variation proceeding was commenced first has exclusive jurisdiction to hear and determine any variation proceeding then pending between the former spouses in respect of that matter and the second variation proceeding is deemed to be discontinued.

      • Jurisdiction if two proceedings commenced on same day

        (3) If variation proceedings between the same former spouses and in respect of the same matter are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day, and neither proceeding is discontinued within 40 days after it was commenced, the Federal Court shall, on application by either or both former spouses, determine which court retains jurisdiction by applying the following rules:

        • (a) if at least one of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the child is habitually resident;

        • (b) if neither of the proceedings includes an application for a variation order in respect of a parenting order, the court that retains jurisdiction is the court in the province in which the former spouses last maintained a habitual residence in common if one of the former spouses is habitually resident in that province; and

        • (c) in any other case, the court that retains jurisdiction is the court that the Federal Court determines to be the most appropriate.

  • — 2019, c. 16, s. 5

    • 5 Subsections 6(1) to (3) of the Act are replaced by the following:

      • Transfer of proceeding if parenting order applied for
        • 6 (1) If an application for an order under section 16.1 is made in a divorce proceeding or corollary relief proceeding to a court in a province and the child of the marriage in respect of whom the order is sought is habitually resident in another province, the court may, on application by a spouse or on its own motion, transfer the proceeding to a court in that other province.

        • Transfer of variation proceeding in respect of parenting order

          (2) If an application for a variation order in respect of a parenting order is made in a variation proceeding to a court in a province and the child of the marriage in respect of whom the variation order is sought is habitually resident in another province, the court may, on application by a former spouse or on its own motion, transfer the variation proceeding to a court in that other province.

  • — 2019, c. 16, s. 6

    • 6 The Act is amended by adding the following after section 6:

      • Jurisdiction — application for contact order
        • 6.1 (1) If a court in a province is seized of an application for a parenting order in respect of a child, the court has jurisdiction to hear and determine an application for a contact order in respect of the child.

        • Jurisdiction — no pending variation proceeding

          (2) If no variation proceeding related to a parenting order in respect of a child is pending, a court in a province in which the child is habitually resident has jurisdiction to hear and determine an application for a contact order, an application for a variation order in respect of a contact order or an application for a variation order in respect of a parenting order brought by a person referred to in subparagraph 17(1)(b)(ii), unless the court considers that a court in another province is better placed to hear and determine the application, in which case the court shall transfer the proceeding to the court in that other province.

        • No jurisdiction — contact order

          (3) For greater certainty, if no parenting order has been made in respect of a child, no application for a contact order may be brought under this Act in respect of the child.

      • Removal or retention of child of marriage
        • 6.2 (1) If a child of the marriage is removed from or retained in a province contrary to sections 16.9 to 16.96 or provincial law, a court in the province in which the child was habitually resident that would have had jurisdiction under sections 3 to 5 immediately before the removal or retention has jurisdiction to hear and determine an application for a parenting order, unless the court is satisfied

          • (a) that all persons who are entitled to object to the removal or retention have ultimately consented or acquiesced to the removal or retention;

          • (b) that there has been undue delay in contesting the removal or retention by those persons; or

          • (c) that a court in the province in which the child is present is better placed to hear and determine the application.

        • Transfer

          (2) If the court in the province in which the child was habitually resident immediately before the removal or retention is satisfied that any of paragraphs (1)(a) to (c) apply,

          • (a) the court shall transfer the application to the court in the province in which the child is present; and

          • (b) the court may transfer any other application under this Act in respect of the parties to the court in the province in which the child is present.

        • Federal Court

          (3) If after the child’s removal from or retention in a province, two proceedings are commenced on the same day as described in subsection 3(3), 4(3) or 5(3), this section prevails over those subsections and the Federal Court shall determine which court has jurisdiction under this section. A reference in this section to “court in the province in which the child was habitually resident” is to be read as “Federal Court”.

      • Child habitually resident outside Canada
        • 6.3 (1) If a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.

        • Exceptional circumstances

          (2) In determining whether there are exceptional circumstances, the court shall consider all relevant factors, including

          • (a) whether there is a sufficient connection between the child and the province;

          • (b) the urgency of the situation;

          • (c) the importance of avoiding a multiplicity of proceedings and inconsistent decisions; and

          • (d) the importance of discouraging child abduction.

  • — 2019, c. 16, s. 7

    • 7 Subsection 6.3(1) of the Act is replaced by the following:

      • Child habitually resident outside Canada
        • 6.3 (1) Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.

  • — 2019, c. 16, s. 8

    • 8 The Act is amended by adding the following after section 7:

      Duties

      Parties to a Proceeding

      • Best interests of child

        7.1 A person to whom parenting time or decision-making responsibility has been allocated in respect of a child of the marriage or who has contact with that child under a contact order shall exercise that time, responsibility or contact in a manner that is consistent with the best interests of the child.

      • Protection of children from conflict

        7.2 A party to a proceeding under this Act shall, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.

      • Family dispute resolution process

        7.3 To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process.

      • Complete, accurate and up-to-date information

        7.4 A party to a proceeding under this Act or a person who is subject to an order made under this Act shall provide complete, accurate and up-to-date information if required to do so under this Act.

      • Duty to comply with orders

        7.5 For greater certainty, a person who is subject to an order made under this Act shall comply with the order until it is no longer in effect.

      • Certification

        7.6 Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a party to a proceeding shall contain a statement by the party certifying that they are aware of their duties under sections 7.1 to 7.5.

      Legal Adviser

      • Reconciliation
        • 7.7 (1) Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, it is the duty of every legal adviser who undertakes to act on a spouse’s behalf in a divorce proceeding

          • (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses; and

          • (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to the legal adviser that might be able to assist the spouses to achieve a reconciliation.

        • Duty to discuss and inform

          (2) It is also the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Act

          • (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Act through a family dispute resolution process, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so;

          • (b) to inform the person of the family justice services known to the legal adviser that might assist the person

            • (i) in resolving the matters that may be the subject of an order under this Act, and

            • (ii) in complying with any order or decision made under this Act; and

          • (c) to inform the person of the parties’ duties under this Act.

        • Certification

          (3) Every document that formally commences a proceeding under this Act, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that they have complied with this section.

      Court

      • Purpose of section
        • 7.8 (1) The purpose of this section is to facilitate

          • (a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Act; and

          • (b) the coordination of proceedings.

        • Information regarding other orders or proceedings

          (2) In a proceeding for corollary relief and in relation to any party to that proceeding, the court has a duty to consider if any of the following are pending or in effect, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so:

          • (a) a civil protection order or a proceeding in relation to such an order;

          • (b) a child protection order, proceeding, agreement or measure; or

          • (c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.

          In order to carry out the duty, the court may make inquiries of the parties or review information that is readily available and that has been obtained through a search carried out in accordance with provincial law, including the rules made under subsection 25(2).

        • Definition of civil protection order

          (3) In this section, civil protection order means a civil order that is made to protect a person’s safety, including an order that prohibits a person from

          • (a) being in physical proximity to a specified person or following a specified person from place to place;

          • (b) contacting or communicating with a specified person, either directly or indirectly;

          • (c) attending at or being within a certain distance of a specified place or location;

          • (d) engaging in harassing or threatening conduct directed at a specified person;

          • (e) occupying a family home or a residence; or

          • (f) engaging in family violence.

  • — 2019, c. 16, s. 9

    • 9 Section 9 of the Act is repealed.

  • — 2019, c. 16, s. 10

    • 10 Subsection 11(4) of the Act is replaced by the following:

      • Definition of collusion

        (4) In this section, collusion means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the exercise of parenting time or decision-making responsibility.

  • — 2019, c. 16, s. 11

    • 1997, c. 1, s. 2

      11 Section 15 of the Act and the heading “Interpretation” before it are repealed.

  • — 2019, c. 16, s. 12

    • 1997, c. 1, s. 3

      12 Section 16 of the Act and the heading before it are replaced by the following:

      Best Interests of the Child

      • Best interests of child
        • 16 (1) The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.

        • Primary consideration

          (2) When considering the factors referred to in subsection (3), the court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.

        • Factors to be considered

          (3) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including

          • (a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

          • (b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

          • (c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

          • (d) the history of care of the child;

          • (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

          • (f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

          • (g) any plans for the child’s care;

          • (h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

          • (i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;

          • (j) any family violence and its impact on, among other things,

            • (i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and

            • (ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and

          • (k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

        • Factors relating to family violence

          (4) In considering the impact of any family violence under paragraph (3)(j), the court shall take the following into account:

          • (a) the nature, seriousness and frequency of the family violence and when it occurred;

          • (b) whether there is a pattern of coercive and controlling behaviour in relation to a family member;

          • (c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;

          • (d) the physical, emotional and psychological harm or risk of harm to the child;

          • (e) any compromise to the safety of the child or other family member;

          • (f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person;

          • (g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and

          • (h) any other relevant factor.

        • Past conduct

          (5) In determining what is in the best interests of the child, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the exercise of their parenting time, decision-making responsibility or contact with the child under a contact order.

        • Parenting time consistent with best interests of child

          (6) In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.

        • Parenting order and contact order

          (7) In this section, a parenting order includes an interim parenting order and a variation order in respect of a parenting order, and a contact order includes an interim contact order and a variation order in respect of a contact order.

      Parenting Orders

      • Parenting order
        • 16.1 (1) A court of competent jurisdiction may make an order providing for the exercise of parenting time or decision-making responsibility in respect of any child of the marriage, on application by

          • (a) either or both spouses; or

          • (b) a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.

        • Interim order

          (2) The court may, on application by a person described in subsection (1), make an interim parenting order in respect of the child, pending the determination of an application made under that subsection.

        • Application by person other than spouse

          (3) A person described in paragraph (1)(b) may make an application under subsection (1) or (2) only with leave of the court.

        • Contents of parenting order

          (4) The court may, in the order,

          • (a) allocate parenting time in accordance with section 16.2;

          • (b) allocate decision-making responsibility in accordance with section 16.3;

          • (c) include requirements with respect to any means of communication, that is to occur during the parenting time allocated to a person, between a child and another person to whom parenting time or decision-making responsibility is allocated; and

          • (d) provide for any other matter that the court considers appropriate.

        • Terms and conditions

          (5) The court may make an order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.

        • Family dispute resolution process

          (6) Subject to provincial law, the order may direct the parties to attend a family dispute resolution process.

        • Relocation

          (7) The order may authorize or prohibit the relocation of the child.

        • Supervision

          (8) The order may require that parenting time or the transfer of the child from one person to another be supervised.

        • Prohibition on removal of child

          (9) The order may prohibit the removal of a child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.

      • Parenting time — schedule
        • 16.2 (1) Parenting time may be allocated by way of a schedule.

        • Day-to-day decisions

          (2) Unless the court orders otherwise, a person to whom parenting time is allocated under paragraph 16.1(4)(a) has exclusive authority to make, during that time, day-to-day decisions affecting the child.

      • Allocation of decision-making responsibility

        16.3 Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)(b), or to any combination of those persons.

      • Entitlement to information

        16.4 Unless the court orders otherwise, any person to whom parenting time or decision-making responsibility has been allocated is entitled to request from another person to whom parenting time or decision-making responsibility has been allocated information about the child’s well-being, including in respect of their health and education, or from any other person who is likely to have such information, and to be given such information by those persons subject to any applicable laws.

      Contact Orders

      • Contact order
        • 16.5 (1) A court of competent jurisdiction may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage.

        • Interim order

          (2) The court may, on application by a person referred to in subsection (1), make an interim order providing for contact between that person and the child, pending the determination of the application made under that subsection.

        • Leave of the court

          (3) A person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under section 16.1.

        • Factors in determining whether to make order

          (4) In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person.

        • Contents of contact order

          (5) The court may, in the contact order,

          • (a) provide for contact between the applicant and the child in the form of visits or by any means of communication; and

          • (b) provide for any other matter that the court considers appropriate.

        • Terms and conditions

          (6) The court may make a contact order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.

        • Supervision

          (7) The order may require that the contact or transfer of the child from one person to another be supervised.

        • Prohibition on removal of child

          (8) The order may provide that a child shall not be removed from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.

        • Variation of parenting order

          (9) If a parenting order in respect of the child has already been made, the court may make an order varying the parenting order to take into account a contact order it makes under this section, and subsections 17(3) and (11) apply as a consequence with any necessary modifications.

      Parenting Plan

      • Parenting plan
        • 16.6 (1) The court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.

        • Definition of parenting plan

          (2) In subsection (1), parenting plan means a document or part of a document that contains the elements relating to parenting time, decision-making responsibility or contact to which the parties agree.

      Change in Place of Residence

      • Non-application

        16.7 Section 16.8 does not apply to a change in the place of residence that is a relocation.

      • Notice
        • 16.8 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.

        • Form and content of notice

          (2) The notice shall be given in writing and shall set out

          • (a) the date on which the change is expected to occur; and

          • (b) the address of the new place of residence and contact information of the person or child, as the case may be.

        • Exception

          (3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections do not apply or may modify them, including where there is a risk of family violence.

        • Application without notice

          (4) An application referred to in subsection (3) may be made without notice to any other party.

      Relocation

      • Notice
        • 16.9 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.

        • Content of notice

          (2) The notice must set out

          • (a) the expected date of the relocation;

          • (b) the address of the new place of residence and contact information of the person or child, as the case may be;

          • (c) a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised; and

          • (d) any other information prescribed by the regulations.

        • Exception

          (3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where there is a risk of family violence.

        • Application without notice

          (4) An application referred to in subsection (3) may be made without notice to any other party.

      • Relocation authorized
        • 16.91 (1) A person who has given notice under section 16.9 and who intends to relocate a child may do so as of the date referred to in the notice if

          • (a) the relocation is authorized by a court; or

          • (b) the following conditions are satisfied:

            • (i) the person with parenting time or decision-making responsibility in respect of the child who has received a notice under subsection 16.9(1) does not object to the relocation within 30 days after the day on which the notice is received, by setting out their objection in

              • (A) a form prescribed by the regulations, or

              • (B) an application made under subsection 16.1(1) or paragraph 17(1)(b), and

            • (ii) there is no order prohibiting the relocation.

        • Content of form

          (2) The form must set out

          • (a) a statement that the person objects to the proposed relocation;

          • (b) the reasons for the objection;

          • (c) the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice referred to in subsection 16.9(1); and

          • (d) any other information prescribed by the regulations.

      • Best interests of child — additional factors to be considered
        • 16.92 (1) In deciding whether to authorize a relocation of a child of the marriage, the court shall, in order to determine what is in the best interests of the child, take into consideration, in addition to the factors referred to in section 16,

          • (a) the reasons for the relocation;

          • (b) the impact of the relocation on the child;

          • (c) the amount of time spent with the child by each person who has parenting time or a pending application for a parenting order and the level of involvement in the child’s life of each of those persons;

          • (d) whether the person who intends to relocate the child complied with any applicable notice requirement under section 16.9, provincial family law legislation, an order, arbitral award, or agreement;

          • (e) the existence of an order, arbitral award, or agreement that specifies the geographic area in which the child is to reside;

          • (f) the reasonableness of the proposal of the person who intends to relocate the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses; and

          • (g) whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under family law legislation, an order, arbitral award, or agreement, and the likelihood of future compliance.

        • Factor not to be considered

          (2) In deciding whether to authorize a relocation of the child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.

      • Burden of proof — person who intends to relocate child
        • 16.93 (1) If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.

        • Burden of proof — person who objects to relocation

          (2) If the parties to the proceeding substantially comply with an order, arbitral award or agreement that provides that a child of the marriage spends the vast majority of their time in the care of the party who intends to relocate the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.

        • Burden of proof — other cases

          (3) In any other case, the parties to the proceeding have the burden of proving whether the relocation is in the best interests of the child.

      • Power of court — interim order

        16.94 A court may decide not to apply subsections 16.93(1) and (2) if the order referred to in those subsections is an interim order.

      • Costs relating to exercise of parenting time

        16.95 If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.

      • Notice — persons with contact
        • 16.96 (1) A person who has contact with a child of the marriage under a contact order shall notify, in writing, any person with parenting time or decision-making responsibility in respect of that child of their intention to change their place of residence, the date on which the change is expected to occur, the address of their new place of residence and their contact information.

        • Notice — significant impact

          (2) If the change is likely to have a significant impact on the child’s relationship with the person, the notice shall be given at least 60 days before the change in place of residence, in the form prescribed by the regulations, and shall set out, in addition to the information required in subsection (1), a proposal as to how contact could be exercised in light of the change and any other information prescribed by the regulations.

        • Exception

          (3) Despite subsections (1) and (2), the court may, on application, order that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or modify them, if the court is of the opinion that it is appropriate to do so, including where there is a risk of family violence.

        • Application without notice

          (4) An application referred to in subsection (3) may be made without notice to any other party.

  • — 2019, c. 16, s. 13

      • 13 (1) Subsections 17(1) to (3) of the Act are replaced by the following:

        • Variation order
          • 17 (1) A court of competent jurisdiction may make an order varying, rescinding or suspending, retroactively or prospectively,

            • (a) a support order or any provision of one, on application by either or both former spouses;

            • (b) a parenting order or any provision of one, on application by

              • (i) either or both former spouses, or

              • (ii) a person, other than a former spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent; or

            • (c) a contact order or any provision of one, on application by a person to whom the order relates.

          • Leave of the court

            (2) A person to whom the parenting order in question does not relate may make an application under subparagraph (1)(b)(ii) only with leave of the court.

          • Variation of parenting order

            (2.1) If the court makes a variation order in respect of a contact order, it may make an order varying the parenting order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.

          • Variation of contact order

            (2.2) If the court makes a variation order in respect of a parenting order, it may make an order varying any contact order to take into account that variation order, and subsections (3) and (11) apply as a consequence with any necessary modifications.

          • Conditions of order

            (3) The court may include in a variation order any provision that under this Act could have been included in the order in respect of which the variation order is sought, and the court has the same powers and obligations that it would have when making that order.

      • 2007, c. 14, s. 1

        (2) Subsections 17(5) and (5.1) of the Act are replaced by the following:

        • Factors for parenting order or contact order

          (5) Before the court makes a variation order in respect of a parenting order or contact order, the court shall satisfy itself that there has been a change in the circumstances of the child since the making of the order or the last variation order made in respect of the order, or of an order made under subsection 16.5(9).

        • Variation order

          (5.1) For the purposes of subsection (5), a former spouse’s terminal illness or critical condition shall be considered a change in the circumstances of the child, and the court shall make a variation order in respect of a parenting order with regard to the allocation of parenting time.

        • Relocation — change in circumstances

          (5.2) The relocation of a child is deemed to constitute a change in the circumstances of the child for the purposes of subsection (5).

        • Relocation prohibited — no change in circumstances

          (5.3) A relocation of a child that has been prohibited by a court under paragraph (1)(b) or section 16.1 does not, in itself, constitute a change in the circumstances of the child for the purposes of subsection (5).

      • (3) Section 17 of the Act is amended by adding the following after subsection (6.5):

        • Priority to child support

          (6.6) Section 15.3 applies, with any necessary modifications, when a court is considering an application under paragraph (1)(a) in respect of a child support order and an application under that paragraph in respect of a spousal support order.

      • (4) Subsection 17(9) of the Act is repealed.

      • (5) Subsection 17(11) of the Act is replaced by the following:

        • Copy of order

          (11) Where a court makes a variation order in respect of a support order, parenting order or contact order made by another court, it shall send a copy of the variation order, certified by a judge or officer of the court, to that other court.

  • — 2019, c. 16, s. 14

    • 1993, c. 8, ss. 2 and 3 and s. 4(1), c. 28, s. 78 (Sch. III, item 43); 1997, c. 1, ss. 6 and 7; 2002, c. 7, s. 159; 2014, c. 2, s. 33

      14 Sections 17.1 to 19 of the Act are replaced by the following:

      Proceedings Between Provinces and Between a Province and a Designated Jurisdiction To Obtain, Vary, Rescind or Suspend Support Orders or To Recognize Decisions of Designated Jurisdictions

      Definitions
      • Definitions

        18 The following definitions apply in this section and in sections 18.1 to 19.1.

        competent authority

        competent authority means a court that has the authority to make an order or another entity that has the authority to make a decision with respect to support under this Act. (autorité compétente)

        designated authority

        designated authority means a person or entity that is designated by a province to exercise the powers or perform the duties and functions set out in sections 18.1 to 19.1 within the province. (autorité désignée)

        designated jurisdiction

        designated jurisdiction means a jurisdiction outside Canada — whether a country or a political subdivision of a country — that is designated under an Act that relates to the reciprocal enforcement of orders relating to support, of the province in which either of the former spouses resides. (État désigné)

        responsible authority

        responsible authority means a person or entity that, in a designated jurisdiction, performs functions that are similar to those performed by the designated authority under subsection 19(4). (autorité responsable)

      Inter-Jurisdictional Proceedings Between Provinces
      Receipt and Sending of Applications
      • If former spouses reside in different provinces
        • 18.1 (1) If the former spouses are resident in different provinces, either of them may, without notice to the other,

          • (a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

          • (b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.

        • Procedure

          (2) A proceeding referred to in paragraph (1)(a) shall be governed by this section, sections 18.2 and 18.3 and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.

        • Application

          (3) For the purpose of subsection (1), a former spouse shall submit an application to the designated authority of the province in which they are resident.

        • Sending application to respondent’s province

          (4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the designated authority of the province in which the applicant believes the respondent is habitually resident.

        • Sending application to competent authority in respondent’s province

          (5) Subject to subsection (9), the designated authority that receives the application under subsection (4) shall send it to the competent authority in its province.

        • Provincial child support service

          (6) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be.

        • Service on respondent by court

          (7) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.

        • Service not possible — returned application

          (8) If the court or authorized person was unable to serve the documents under subsection (7), they shall return the application to the designated authority referred to in subsection (5).

        • Respondent resident in another province

          (9) If the designated authority knows that the respondent is habitually resident in another province, it shall send the application to the designated authority of that province.

        • Respondent’s habitual residence unknown

          (10) If the habitual residence of the respondent is unknown, the designated authority shall return the application to the designated authority referred to in subsection (3).

        • Applicant need not be served

          (11) Service of the notice and documents or information referred to in subsection (7) on the applicant is not required.

        • Adjournment of proceeding

          (12) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.

        • Request for further evidence

          (13) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the designated authority in the province of the applicant in order to obtain the evidence.

        • Dismissal of application

          (14) If the further evidence required under subsection (13) is not received by the court within 12 months after the day on which the court makes a request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.

        • Order

          (15) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.

        • Application of certain provisions

          (16) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (15).

        • Broad interpretation of documents

          (17) For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.

      Conversion of Applications
      • Application to court
        • 18.2 (1) If an application is made to a court in a province under paragraph 17(1)(a) for a variation order in respect of a support order and the respondent habitually resides in a different province, the respondent may, within 40 days after being served with the application, request that the court convert the application into an application under subsection 18.1(3).

        • Conversion and sending of application

          (2) Subject to subsection (3) and despite section 5, the court that receives the request shall direct that the application made under paragraph 17(1)(a), along with the evidence in support of it, be considered as an application under subsection 18.1(3), and shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.

        • Exception

          (3) If the application under paragraph 17(1)(a) is accompanied by an application under paragraph 17(1)(b) for a variation order in respect of a parenting order, the court that receives the request shall issue the direction referred to in subsection (2) only if it considers it appropriate to do so in the circumstances.

        • Application of certain provisions

          (4) Once the designated authority receives the copy of the application under subsection (2), subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of that application.

      • No action by respondent
        • 18.3 (1) If an application is made to a court in a province under paragraph 17(1)(a) for a variation order in respect of a support order, the respondent habitually resides in a different province and the respondent does not file an answer to the application or request a conversion under subsection 18.2(1), the court to which the application was made

          • (a) shall hear and determine the application in accordance with section 17 in the respondent’s absence, if it is satisfied that there is sufficient evidence to do so; or

          • (b) if it is not so satisfied, may direct, despite section 5, that the application, along with the evidence in support of it, be considered as an application under subsection 18.1(3), in which case it shall send a copy of the application and of the evidence to the designated authority of the province in which the application was made.

        • Assignment of support order

          (2) Before the court hears and determines an application under paragraph (1)(a), the court shall take into consideration

          • (a) whether the support order has been assigned under subsection 20.1(1); and

          • (b) if the support order has been assigned, whether the order assignee received notice of the application and did not request a conversion under subsection 18.2(1).

        • Application of certain provisions

          (3) If paragraph (1)(b) applies, then subsections 18.1(2), (4), (5), (7) and (12) to (17) apply, with any necessary modifications, in respect of the application.

      Proceedings Between a Province and a Designated Jurisdiction
      Receipt and Sending of Designated Jurisdictions’ Applications
      • If applicant resides in designated jurisdiction
        • 19 (1) A former spouse who is resident in a designated jurisdiction may, without notice to the other former spouse,

          • (a) commence a proceeding to obtain, vary, rescind or suspend, retroactively or prospectively, a support order; or

          • (b) request to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the other former spouse habitually resides provides such a service.

        • Procedure

          (2) A proceeding referred to in paragraph (1)(a) shall be governed by this section and provincial law, with any necessary modifications, to the extent that the provincial law is not inconsistent with this Act.

        • Application

          (3) For the purposes of subsection (1), a former spouse shall submit, through the responsible authority in the designated jurisdiction, an application to the designated authority of the province in which the applicant believes the respondent is habitually resident.

        • Sending application to competent authority in respondent’s province

          (4) After reviewing the application and ensuring that it is complete, the designated authority referred to in subsection (3) shall send it to the competent authority in its province.

        • Provincial child support service

          (5) If the competent authority is a provincial child support service, the amount of child support shall be calculated or recalculated in accordance with section 25.01 or 25.1, as the case may be.

        • Service on respondent by court

          (6) If the competent authority is a court, it or any other person who is authorized to serve documents under the law of the province shall, on receipt of the application, serve the respondent with a copy of the application and a notice setting out the manner in which the respondent shall respond to the application and the respondent’s obligation to provide documents or information as required by the applicable law.

        • Service not possible — returned application

          (7) If the court or authorized person was unable to serve the documents under subsection (6), they shall return the application to the designated authority referred to in subsection (3).

        • Return of application to responsible authority

          (8) The designated authority shall return the application to the responsible authority in the designated jurisdiction.

        • Applicant need not be served

          (9) Service of the notice and documents or information referred to in subsection (6) on the applicant is not required.

        • Adjournment of proceeding

          (10) If the court requires further evidence, it shall adjourn the proceeding. Prior to adjourning, the court may make an interim order.

        • Request for further evidence

          (11) If the court requires further evidence from the applicant, it shall request the designated authority of the province in which the court is located to communicate with the applicant or the responsible authority in the designated jurisdiction in order to obtain the evidence.

        • Dismissal of application

          (12) If the further evidence required under subsection (11) is not received by the court within 12 months after the day on which the court makes the request to the designated authority, the court may dismiss the application referred to in subsection (3) and terminate the interim order. The dismissal of the application does not preclude the applicant from making a new application.

        • Order

          (13) The court may, on the basis of the evidence and the submissions of the former spouses, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a support order or an order varying, rescinding or suspending a support order, retroactively or prospectively.

        • Provisional order

          (14) For greater certainty, if an application under paragraph (1)(a) contains a provisional order that was made in the designated jurisdiction and does not have legal effect in Canada, the court may take the provisional order into consideration but is not bound by it.

        • Application of certain provisions

          (15) Subsections 15.1(3) to (8) and 15.2(3) to (6), section 15.3 and subsections 17(3) to (4.1), (6) to (7), (10) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (13).

        • Broad interpretation of documents

          (16) For greater certainty, if a court receives a document under this section that is in a form that is different from that required by the rules regulating the practice and procedure in that court, or that contains terminology that is different from that used in this Act or the regulations, the court shall give a broad interpretation to the document for the purpose of giving effect to it.

      Recognition of Decisions of Designated Jurisdiction
      • Recognition of decision of designated jurisdiction varying support order
        • 19.1 (1) A former spouse who is resident in a designated jurisdiction may, through the responsible authority in the designated jurisdiction, make an application to the designated authority of the province in which the respondent habitually resides for recognition and, if applicable, for enforcement, of a decision of the designated jurisdiction that has the effect of varying a support order.

        • Registration and recognition

          (2) The decision of the designated jurisdiction shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

        • Enforcement

          (3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

      Legal Effect, Enforcement, Compliance and Assignment

  • — 2019, c. 16, s. 15

    • 1997, c. 1, s. 8(1)
      • 15 (1) Subsection 20(2) of the Act is replaced by the following:

        • Legal effect of orders and decisions throughout Canada

          (2) An order made under this Act in respect of support, parenting time, decision-making responsibility or contact and a provincial child support service decision that calculates or recalculates the amount of child support under section 25.01 or 25.1 have legal effect throughout Canada.

      • (2) The portion of subsection 20(3) of the Act before paragraph (a) is replaced by the following:

        • Enforcement

          (3) An order or decision that has legal effect throughout Canada under subsection (2) may be

  • — 2019, c. 16, s. 16

      • 16 (1) Subsection 20.1(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

        • (f) a public body referred to in Article 36 of the 2007 Convention, as defined in section 28.

      • 1997, c. 1, s. 9

        (2) Subsection 20.1(2) of the French version of the Act is replaced by the following:

        • Droits

          (2) Le ministre, le député, le membre ou l’administration à qui la créance alimentaire octroyée par une ordonnance a été cédée a droit aux sommes dues au titre de l’ordonnance et a le droit, dans le cadre de toute procédure relative à la modification, l’annulation, la suspension ou l’exécution de l’ordonnance, d’en être avisé ou d’y participer au même titre que la personne qui aurait autrement eu droit à ces sommes.

      • (3) Section 20.1 of the Act is amended by adding the following after subsection (2):

        • Rights — public body

          (3) A public body referred to in paragraph (1)(f) to whom a decision of a State Party that has the effect of varying a child support order has been assigned is entitled to the payments due under the decision, and has the same right to participate in proceedings under this Act, to recognize and enforce the decision or if the recognition of this decision is not possible, to obtain a variation order, as the person who would otherwise be entitled to the payments.

        • Definition of State Party

          (4) For the purpose of subsection (3), State Party has the same meaning as in section 28.

  • — 2019, c. 16, s. 17

    • 1990, c. 18, s. 2

      17 Subsection 21.1(1) of the Act is repealed.

  • — 2019, c. 16, s. 18

    • 18 Subsections 22(1) and (2) of the Act are replaced by the following:

      • Recognition of foreign divorce
        • 22 (1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce.

        • Recognition of foreign divorce

          (2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person.

  • — 2019, c. 16, s. 19

    • 19 The Act is amended by adding the following after section 22:

      • Recognition of foreign order that varies parenting or contact order
        • 22.1 (1) On application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless

          • (a) the child concerned is not habitually resident in the country other than Canada in which the competent authority is located or that competent authority of that other country would not have had jurisdiction if it applied substantially equivalent rules related to the jurisdiction as those that are set out in section 6.3;

          • (b) the decision was made, except in an urgent case, without the child having been provided with the opportunity to be heard, in violation of fundamental principles of procedure of the province;

          • (c) a person claims that the decision negatively affects the exercise of their parenting time or decision-making responsibility or contact under a contact order, and the decision was made, except in an urgent case, without the person having been given an opportunity to be heard;

          • (d) recognition of the decision would be manifestly contrary to public policy, taking into consideration the best interests of the child; or

          • (e) the decision is incompatible with a later decision that fulfils the requirements for recognition under this section.

        • Effect of recognition

          (2) The court’s decision recognizing the competent authority’s decision is deemed to be an order made under section 17 and has legal effect throughout Canada.

        • Effect of non-recognition

          (3) The court’s decision refusing to recognize the competent authority’s decision has legal effect throughout Canada.

  • — 2019, c. 16, s. 20

    • 20 The portion of subsection 22.1(1) of the Act before paragraph (a) is replaced by the following:

      • Recognition of foreign order that varies parenting or contact order
        • 22.1 (1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless

  • — 2019, c. 16, s. 21

    • 2002, c. 8, par. 183(1)(i)

      21 Subsection 23(2) of the Act is replaced by the following:

  • — 2019, c. 16, s. 22

    • 22 The Act is amended by adding the following after section 23:

      • Means of presenting submissions

        23.1 If the parties to a proceeding are habitually resident in different provinces, a court of competent jurisdiction may, in accordance with any applicable rules regulating the practice and procedure in that court, make an order on the basis of the evidence and the submissions of the parties, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court.

  • — 2019, c. 16, s. 22.1

    • 22.1 The Act is amended by adding the following after section 23:

      • Official languages
        • 23.2 (1) A proceeding under this Act may be conducted in English or French, or in both official languages of Canada.

        • Language rights

          (2) In any proceeding under this Act,

          • (a) any person has the right to use either official language, including to

            • (i) file pleadings or other documents,

            • (ii) give evidence, or

            • (iii) make submissions;

          • (b) the court shall, at the request of any person, provide simultaneous interpretation from one official language into the other;

          • (c) any party to that proceeding has the right to a judge who speaks the same official language as that party or both official languages, as the case may be;

          • (d) any party to that proceeding has the right to request a transcript or recording, as the case may be, of

            • (i) what was said during that proceeding in the official language in which it was said, if what was said was taken down by a stenographer or a sound recording apparatus, and

            • (ii) any interpretation into the other official language of what was said; and

          • (e) the court shall, at the request of any party to that proceeding, make available in that party’s official language of choice any judgment or order that is rendered or made under this Act and that relates to that party.

        • Original version prevails

          (3) In the case of a discrepancy between the original version of a document referred to in paragraph (2)(a) or (e) and the translated text, the original version shall prevail.

        • Court forms

          (4) The court forms relating to any proceedings under this Act shall be made available in both official languages.

  • — 2019, c. 16, s. 23

    • 1993, c. 8, s. 5

      23 Paragraph 25(2)(b.1) of the Act is replaced by the following:

      • (b.1) respecting the application of section 23.1;

  • — 2019, c. 16, s. 24

    • 24 The Act is amended by adding the following after section 25:

      • Provincial child support service — calculation of child support
        • 25.01 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to calculate the amount of child support in accordance with the applicable guidelines and set it out in a decision.

        • Application of law of province

          (2) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.

        • Effect of calculation by provincial child support service

          (3) The amount of child support calculated under this section is the amount payable by the spouse who is subject to a provincial child support service decision.

        • Liability

          (4) A spouse who is subject to a provincial child support service decision becomes liable to pay the amount of child support calculated under this section on the day, or on the expiry of a period, specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.

        • Disagreement with respect to amount

          (5) Either or both spouses who do not agree with the amount of the child support calculated under this section may apply to a court of competent jurisdiction for an order under section 15.1 before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations.

        • Effect of application

          (6) The liability to pay the amount of child support under subsection (4) continues while the determination of the application under subsection (5) is pending.

        • Recalculation of amount or application for order

          (7) After a spouse subject to a provincial child support service decision becomes liable to pay an amount of child support under subsection (4), either or both spouses may have the amount of child support recalculated under section 25.1 or apply to a court of competent jurisdiction for an order under section 15.1.

  • — 2019, c. 16, s. 25

    • 1997, c. 1, s. 10; 1999, c. 31, s. 74(F)
      • 25 (1) Subsection 25.1(1) of the Act is replaced by the following:

        • Provincial child support service — recalculation of child support
          • 25.1 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf of the Government of Canada, enter into an agreement with a province authorizing a provincial child support service designated in the agreement to recalculate, in accordance with the applicable guidelines, the amount of child support orders on the basis of updated income information.

          • Application of law of province

            (1.1) To the extent that it is not inconsistent with this section, the law of the province applies to a provincial child support service in the performance of its functions under this section.

          • Deeming of income

            (1.2) For the purposes of subsection (1), if a spouse does not provide the income information, a provincial child support service may deem the income of that spouse to be the amount determined in accordance with the method of calculation set out in the law of the province or, if no such method is specified, in accordance with the method prescribed by the regulations.

      • 1997, c. 1, s. 10

        (2) Subsections 25.1(3) and (4) of the Act are replaced by the following:

        • Effect of deeming of income

          (2.1) Subject to subsection (5), the income determined under subsection (1.2) shall be deemed to be the spouse’s income for the purposes of the child support order.

        • Liability

          (3) The spouse against whom a child support order was made becomes liable to pay the recalculated amount on the day, or on the expiry of the period specified by the law of the province or, if no day or period is specified, on the expiry of the period prescribed by the regulations.

        • Disagreement with recalculation

          (4) If either or both spouses do not agree with the recalculated amount of the child support order, either or both of them may, before the day or within the period specified by the law of the province or, if no day or period is specified, within the period prescribed by the regulations, apply to a court of competent jurisdiction

          • (a) in the case of an interim order made under subsection 15.1(2), for an order under section 15.1;

          • (b) in the case of a provincial child support service decision made under section 25.01, for an order under section 15.1; or

          • (c) in any other case, if they are former spouses, for an order under paragraph 17(1)(a).

      • 1997, c. 1, s. 10

        (3) Subsection 25.1(6) of the Act is replaced by the following:

        • Withdrawal of application

          (6) If an application made under subsection (4) is withdrawn before it is determined, the spouse against whom the child support order was made becomes liable to pay the recalculated amount on the day on which the spouse would have become liable had the application not been made.

        • Definition of child support order

          (7) In this section, child support order has the same meaning as in subsection 2(1) and also means an interim order made under subsection 15.1(2), a provincial child support service decision made under section 25.01 and a variation order made under paragraph 17(1)(a).

  • — 2019, c. 16, s. 30

    • 30 The Act is amended by adding the following after section 27:

      International Conventions

      Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

      Definitions
      • Definitions

        28 The following definitions apply in this section and in sections 28.1 to 29.5.

        2007 Convention

        2007 Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007, set out in the schedule. (Convention de 2007)

        Central Authority

        Central Authority means any person or entity designated under Article 4 of the 2007 Convention that is responsible for carrying out the duties that are imposed on it by the 2007 Convention. (autorité centrale)

        competent authority

        competent authority means a court that has the authority to make an order, or another entity that has the authority to make a decision, with respect to support under this Act. (autorité compétente)

        creditor

        creditor means a former spouse to whom support is owed or who seeks to obtain support. (créancier)

        debtor

        debtor means a former spouse who owes support or from whom support is sought. (débiteur)

        State Party

        State Party means a State other than Canada in which the 2007 Convention applies. (État partie)

      Implementation, Interpretation and Application of the 2007 Convention
      • Force of law
        • 28.1 (1) The provisions of the 2007 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.

        • Inconsistency

          (2) The 2007 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.

      • Explanatory Report

        28.2 In interpreting the 2007 Convention, recourse may be had to the Explanatory Report on the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted by the Twenty-First Session of the Hague Conference on Private International Law held from November 5 to 23, 2007.

      • Application

        28.3 Sections 28.4 to 29.5 apply if either the creditor or the debtor, as the case may be, resides in a State Party and the other resides in a province in respect of which Canada has made a declaration extending the application of the 2007 Convention to that province. However, the application of those provisions does not exclude the application of the other provisions of this Act unless there is an indication to the contrary.

      Application of Creditor to Central Authority
      • Recognition of State Party decision varying child support order
        • 28.4 (1) A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.

        • Spousal support order

          (2) A creditor may also in the same manner submit an application for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a spousal support order if the application is also for recognition and, if applicable, for enforcement of a decision of the State Party that has the effect of varying a child support order.

        • Registration and recognition

          (3) The decision of the State Party is registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

        • Enforcement

          (4) A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

      • Establishment or variation of child support order or calculation or recalculation of amount
        • 28.5 (1) A creditor may, through the Central Authority designated by the State Party in which the creditor resides, submit to the Central Authority in the province in which the debtor is habitually resident an application to be sent to the competent authority in the province.

        • Types of applications

          (2) An application may seek

          • (a) to obtain or to vary a child support order; or

          • (b) to have the amount of child support calculated or recalculated, if the provincial child support service in the province in which the debtor habitually resides provides such a service.

        • Sending of application

          (3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.

        • Application of section 19

          (4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “debtor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the debtor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the creditor resides” and “applicant” shall be read as “creditor”.

        • Order

          (5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make a child support order or an order varying a child support order, retroactively or prospectively.

        • Application of certain provisions

          (6) Subsections 15.1(3) to (8), section 15.3 and subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).

        • Exception

          (7) Subsections (1) to (6) apply despite sections 4 and 5.

      Application of Debtor to Central Authority
      • Recognition of State Party decision suspending or limiting enforcement of child support order
        • 29 (1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a child support order.

        • Spousal support order

          (2) A debtor may also in the same manner submit an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a spousal support order, if the application is also for recognition of a decision of the State Party that has the effect of suspending or limiting the enforcement of a child support order.

        • Registration and recognition

          (3) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, apply in respect of the recognition of the decision.

        • Enforcement

          (4) A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

      • Variation of child support order or recalculation of amount
        • 29.1 (1) A debtor may, through the Central Authority designated by the State Party in which the debtor resides, submit to the Central Authority in the province in which the creditor is habitually resident an application to be sent to the competent authority in the province.

        • Types of applications

          (2) An application may seek

          • (a) to vary a child support order; or

          • (b) to have the amount of child support recalculated, if the provincial child support service in the province in which the creditor habitually resides provides such a service.

        • Sending of application

          (3) The Central Authority shall, in accordance with the law of the province, send the application to the competent authority of that province.

        • Application of section 19

          (4) Subsections 19(5) to (12) and (16) apply with necessary modifications to the application except that a reference to a “respondent” shall be read as “creditor”, a reference to “designated authority” shall be read as “Central Authority in the province in which the creditor is habitually resident”, a reference to “responsible authority in the designated jurisdiction” shall be read as “Central Authority designated by the State Party in which the debtor resides” and “applicant” shall be read as “debtor”.

        • Order

          (5) The court referred to in subsection 19(6) may, on the basis of the evidence and the submissions of the creditor and of the debtor, whether presented orally before the court or by affidavit or any means of telecommunication permitted by the rules regulating the practice and procedure in that court, make an order varying a child support order, retroactively or prospectively.

        • Application of certain provisions

          (6) Subsections 17(3), (4), (6) to (6.5) and (11) apply, with any necessary modifications, in respect of an order referred to in subsection (5).

        • Exception

          (7) Subsections (1) to (6) apply despite section 5.

      Spousal Support Orders
      • Declaration in respect of a province

        29.2 If Canada declares under Article 2 of the 2007 Convention that the application of Chapters II and III of that Convention is to extend, in respect of a province, to spousal support orders, the applications described in sections 28.4 to 29.1 of this Act may also be made in respect of those orders and in that case those sections apply with any necessary modifications.

      Application of Creditor to Court
      • Recognition of State Party decision varying support order
        • 29.3 (1) A creditor may submit to a court in the province in which the debtor is habitually resident an application for recognition — and, if applicable, for enforcement — of a decision of a State Party that has the effect of varying a support order.

        • Registration and recognition

          (2) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

        • Enforcement

          (3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

      Application of Debtor to Court
      • Recognition of State Party decision suspending or limiting enforcement of support order
        • 29.4 (1) A debtor may submit to a court in the province in which the creditor is habitually resident an application for recognition of a decision of a State Party that has the effect of suspending or limiting the enforcement of a support order.

        • Registration and recognition

          (2) The decision of the State Party shall be registered in accordance with the law of the province and that law, including the laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada, applies in respect of the recognition of the decision.

        • Enforcement

          (3) A decision that is recognized in accordance with the law of the province is deemed to be an order made under section 17, has legal effect throughout Canada and may be enforced in any manner provided for by the law of that province, including its laws respecting reciprocal enforcement between the province and a jurisdiction outside Canada.

      Limits on Divorce Proceedings
      • Support decision obtained in State Party
        • 29.5 (1) If a divorce proceeding is commenced in the province in which the debtor is habitually resident, the court of competent jurisdiction is not authorized to make an order under section 15.1 if the creditor has, in the State Party in which the creditor habitually resides, obtained a decision that requires the debtor to pay for the support of any or all of the children of the marriage.

        • Exceptions

          (2) Subsection (1) does not apply if

          • (a) the creditor accepts the jurisdiction of the court, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

          • (b) the decision-making authority that made the decision in the State Party has no jurisdiction to vary the decision or make a new one or refuses to exercise its jurisdiction to do so; or

          • (c) the decision cannot be recognized or declared enforceable in the province in which the debtor is habitually resident.

  • — 2019, c. 16, s. 31

    • 31 The Act is amended by adding the following before the heading before section 32:

      Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children

      Definitions
      • Definitions

        30 The following definitions apply in this section and in sections 30.1 to 31.3.

        1996 Convention

        1996 Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996, set out in the schedule. (Convention de 1996)

        State Party

        State Party means a State other than Canada in which the 1996 Convention applies. (État partie)

      Implementation, Interpretation and Application of the 1996 Convention
      • Force of law
        • 30.1 (1) The provisions of the 1996 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament.

        • Inconsistency

          (2) The 1996 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.

      • Explanatory Report

        30.2 In interpreting the 1996 Convention, recourse may be had to the Explanatory Report on the 1996 Hague Child Protection Convention, adopted by the Eighteenth Session of the Hague Conference on Private International Law that was held from September 30 to October 19, 1996.

      • Application

        30.3 Sections 30.4 to 31.3 only apply in a province if

        • (a) Canada has made a declaration extending the application of the 1996 Convention to that province; and

        • (b) the child of the marriage concerned is under 18 years of age.

      Jurisdiction
      • Child habitually resident in State Party

        30.4 If a child concerned is habitually resident in a State Party, a court in a province does not have jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order, except in the circumstances set out in section 30.6, 30.7, 30.9 or 31.

      • Wrongful removal or retention

        30.5 In the case of a wrongful removal or retention, as defined in Article 7(2) of the 1996 Convention, a court in a province has jurisdiction to hear and determine an application for a parenting order, a contact order or a variation order in respect of such orders only if the child has become habitually resident in that province and the conditions set out in subparagraphs 7(1)(a) or (b) of that Convention have been met.

      • Child present in province

        30.6 If one or more of the circumstances set out in Article 6 of the 1996 Convention exist and the child is present in a province, a court in that province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act has jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order.

      • Divorce proceeding — child habitually resident in State Party
        • 30.7 (1) For the purposes of Article 10 of the 1996 Convention, if the child is habitually resident in a State Party, a court in a province that would otherwise have jurisdiction under section 3 of this Act has jurisdiction to make a parenting order or contact order in respect of the child if

          • (a) at least one of the spouses has parental responsibility in respect of the child;

          • (b) the spouses and any other person who has parental responsibility accept the jurisdiction of the court; and

          • (c) the court is satisfied that it is in the best interests of the child to exercise jurisdiction.

        • Definition of parental responsibility

          (2) For the purposes of subsection (1), parental responsibility has the same meaning as in Article 1(2) of the 1996 Convention.

      Transfer of Jurisdiction
      • State Party better placed to assess child’s best interests

        30.8 For the purposes of Articles 8 and 9 of the 1996 Convention, a court in the province in which a child is habitually resident that would otherwise have jurisdiction under any of sections 3 to 6 of this Act, or that has jurisdiction under section 30.6 of this Act, may decline to exercise jurisdiction to make, in respect of the child, a parenting order, a contact order or a variation order in respect of such an order if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the court and the competent authority of a State Party that the latter will have jurisdiction.

      • Canadian court better placed to assess child’s best interests

        30.9 For the purposes of Articles 8 and 9 of the 1996 Convention, only the court in a province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act may exercise jurisdiction to make a parenting order, a contact order or a variation order in respect of such orders if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the competent authority of a State Party and the court that the latter will have jurisdiction.

      Urgency
      • Urgent cases

        31 For the purposes of Article 11 of the 1996 Convention, a court in a province that does not have jurisdiction under sections 30.4 to 30.9 of this Act but that would otherwise have jurisdiction under any of sections 3 to 5 of this Act, may, in urgent cases, make a parenting order, a contact order or a variation order in respect of either such order if the child who would be the subject of the order is present in that province.

      Recognition
      • Recognition by operation of law
        • 31.1 (1) For the purposes of Article 23 of the 1996 Convention, a measure taken by a competent authority of a State Party is a measure that has the effect of varying, rescinding or suspending a parenting order or contact order.

        • Measure taken deemed to be variation order

          (2) A measure taken by a competent authority of a State Party that is recognized by operation of law under Article 23(1) of the 1996 Convention is deemed to be an order made under section 17 of this Act.

        • Extent of validity

          (3) Despite subsection 20(2), the measure referred to in subsection (2) is valid only in any province to which the 1996 Convention applies.

      • Jurisdiction respecting recognition
        • 31.2 (1) For the purposes of Article 24 of the 1996 Convention and on application by an interested person, a court in a province has jurisdiction to decide on the recognition of a measure referred to in section 31.1 of this Act if there is a sufficient connection between the matter and the province.

        • Effect of recognition

          (2) The court’s decision recognizing the measure is deemed to be an order made under section 17 and has legal effect throughout Canada.

        • Effect of non-recognition

          (3) The court’s decision refusing to recognize the measure has legal effect throughout Canada.

      • Enforcement

        31.3 For the purposes of Article 26 of the 1996 Convention, a measure taken by a competent authority of a State Party that is enforceable in that State Party and that is to be enforced in a province may, on application by an interested person,

        • (a) be declared to be enforceable by a court in the province and enforced in that province as an order of that court; or

        • (b) be registered for the purposes of enforcement in the court in that province and enforced in that province as an order of that court.

  • — 2019, c. 16, s. 32

    • 32 Section 33 of the Act is repealed.

  • — 2019, c. 16, s. 33

    • 1997, c. 1, s. 14
      • 33 (1) The portion of subsection 34(1) of the Act before paragraph (b) is replaced by the following:

        • Variation and enforcement of orders previously made
          • 34 (1) Subject to subsection (1.1), any order made under subsection 11(1) of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be varied, rescinded, suspended or enforced in accordance with sections 17 to 20, other than subsection 17(10), of this Act as if

            • (a) the order were a support order, parenting order or contact order, as the case may be; and

      • 1997, c. 1, s. 14

        (2) Subsections 34(2) and (3) of the Act are replaced by the following:

        • Enforcement of interim orders

          (2) Any order made under section 10 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, may be enforced in accordance with section 20 of this Act as if it were an order made under subsection 15.1(1) or 15.2(1) or section 16.1 or 16.5 of this Act, as the case may be.

        • Assignment of orders previously made

          (3) Any order for the maintenance of a spouse, former spouse or child of the marriage made under section 10 or 11 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, and any order to the like effect made corollary to a decree of divorce granted in Canada before July 2, 1968 or granted on or after that day under subsection 22(2) of that Act may be assigned to any minister, member or agency designated under section 20.1.

  • — 2019, c. 16, s. 34

    • 34 The Act is amended by adding the following after section 35.1:

      • Agreements entered into under subsection 25.1(1)

        35.2 Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day.

      • Proceedings commenced before coming into force

        35.3 A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day.

      • Person deemed to have parenting time and decision-making responsibility

        35.4 Unless a court orders otherwise,

        • (a) a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom parenting time and decision-making responsibility have been allocated; and

        • (b) a spouse or former spouse who had access to a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated.

      • Person deemed to have contact order

        35.5 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order.

      • No notice

        35.6 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates.

      • No change in circumstances

        35.7 For the purposes of subsection 17(5), as enacted by subsection 13(2) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, the coming into force of that Act does not constitute a change in the circumstances of the child.

      • Variation of orders previously made

        35.8 An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, as if the order were a parenting order or contact order.

      • Provisional orders

        35.9 If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such.

  • — 2019, c. 16, s. 35

    • 35 The English version of the Act is amended by replacing “ordinarily” with “habitually” in the following provisions:

      • (a) the definition age of majority in subsection 2(1);

      • (b) subsection 3(1);

      • (c) paragraph 4(1)(a); and

      • (d) paragraph 5(1)(a).

  • — 2019, c. 16, s. 36

    • 36 The Act is amended by adding, after section 36, the schedule set out in Schedule 1 to this Act.

      SCHEDULE(Section 28)Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

      Preamble

      The States signatory to the present Convention,

      Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,

      Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,

      Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,

      Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,

      Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989,

      in all actions concerning children the best interests of the child shall be a primary consideration,

      every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development,

      the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and

      States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,

      Have resolved to conclude this Convention and have agreed upon the following provisions

      CHAPTER I
      Object, Scope and Definitions

      ARTICLE 1
      Object

      The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by –

      • a) establishing a comprehensive system of co-operation between the authorities of the Contracting States;

      • b) making available applications for the establishment of maintenance decisions;

      • c) providing for the recognition and enforcement of maintenance decisions; and

      • d) requiring effective measures for the prompt enforcement of maintenance decisions.

      ARTICLE 2
      Scope

      • 1 This Convention shall apply –

        • a) to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;

        • b) to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and

        • c) with the exception of Chapters II and III, to spousal support.

      • 2 Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.

      • 3 Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.

      • 4 The provisions of this Convention shall apply to children regardless of the marital status of the parents.

      ARTICLE 3
      Definitions

      For the purposes of this Convention –

      • a) “creditor” means an individual to whom maintenance is owed or is alleged to be owed;

      • b) “debtor” means an individual who owes or who is alleged to owe maintenance;

      • c) “legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;

      • d) “agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;

      • e) “maintenance arrangement” means an agreement in writing relating to the payment of maintenance which

        • i) has been formally drawn up or registered as an authentic instrument by a competent authority, or

        • ii) has been formally drawn up or registered as an authentic instrument by a competent authority; or

        and may be the subject of review and modification by a competent authority;

      • f) “vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.

      CHAPTER II
      Administrative Co-operation

      ARTICLE 4
      Designation of Central Authorities

      • 1 A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.

      • 2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

      • 3 The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.

      ARTICLE 5
      General Functions of Central Authorities

      Central Authorities shall –

      • a) co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;

      • b) seek as far as possible solutions to difficulties which arise in the application of the Convention.

      ARTICLE 6
      Specific Functions of Central Authorities

      • 1 Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall –

        • a) transmit and receive such applications;

        • b) initiate or facilitate the institution of proceedings in respect of such applications.

      • 2 In relation to such applications they shall take all appropriate measures –

        • a) where the circumstances require, to provide or facilitate the provision of legal assistance;

        • b) to help locate the debtor or the creditor;

        • c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;

        • d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;

        • e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears;

        • f) to facilitate the collection and expeditious transfer of maintenance payments;

        • g) to facilitate the obtaining of documentary or other evidence;

        • h) to provide assistance in establishing parentage where necessary for the recovery of maintenance;

        • i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;

        • j) to facilitate service of documents.

      • 3 The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent.

      • 4 Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.

      ARTICLE 7
      Requests for Specific Measures

      • 1 A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) b), c), g), h), i) and j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.

      • 2 A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.

      ARTICLE 8
      Central Authority Costs

      • 1 Each Central Authority shall bear its own costs in applying this Convention.

      • 2 Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.

      • 3 The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.

      CHAPTER III
      Applications Through Central Authorities

      ARTICLE 9
      Application Through Central Authorities

      An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.

      ARTICLE 10
      Available Applications

      • 1 The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention –

        • a) recognition or recognition and enforcement of a decision;

        • b) enforcement of a decision made or recognised in the requested State;

        • c) establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;

        • d) establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or e);

        • e) modification of a decision made in the requested State;

        • f) modification of a decision made in a State other than the requested State.

      • 2 The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision –

        • a) recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;

        • b) modification of a decision made in the requested State;

        • c) modification of a decision made in a State other than the requested State.

      • 3 Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) to f) and 2 b) and c) shall be subject to the jurisdictional rules applicable in the requested State.

      ARTICLE 11
      Application Contents

      • 1 All applications under Article 10 shall as a minimum include –

        • a) a statement of the nature of the application or applications;

        • b) the name and contact details, including the address and date of birth of the applicant;

        • c) the name and, if known, address and date of birth of the respondent;

        • d) the name and date of birth of any person for whom maintenance is sought;

        • e) the grounds upon which the application is based;

        • f) in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;

        • g) save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State;

        • h) the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.

      • 2 As appropriate, and to the extent known, the application shall in addition in particular include –

        • a) the financial circumstances of the creditor;

        • b) the financial circumstances of the debtor, including the name and address of the employer of the debtor and the nature and location of the assets of the debtor;

        • c) any other information that may assist with the location of the respondent.

      • 3 The application shall be accompanied by any necessary supporting information or documentation including documentation concerning the entitlement of the applicant to free legal assistance. In the case of applications under Article 10(1) a) and (2) a), the application shall be accompanied only by the documents listed in Article 25.

      • 4 An application under Article 10 may be made in the form recommended and published by the Hague Conference on Private International Law.

      ARTICLE 12
      Transmission, Receipt and Processing of Applications and Cases Through Central Authorities

      • 1 The Central Authority of the requesting State shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.

      • 2 The Central Authority of the requesting State shall, when satisfied that the application complies with the requirements of the Convention, transmit the application on behalf of and with the consent of the applicant to the Central Authority of the requested State. The application shall be accompanied by the transmittal form set out in Annex 1. The Central Authority of the requesting State shall, when requested by the Central Authority of the requested State, provide a complete copy certified by the competent authority in the State of origin of any document specified under Articles 16(3), 25(1) a), b), and d), (3) b) and 30(3).

      • 3 The requested Central Authority shall, within six weeks from the date of receipt of the application, acknowledge receipt in the form set out in Annex 2, and inform the Central Authority of the requesting State what initial steps have been or will be taken to deal with the application, and may request any further necessary documents and information. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.

      • 4 Within three months after the acknowledgement, the requested Central Authority shall inform the requesting Central Authority of the status of the application.

      • 5 Requesting and requested Central Authorities shall keep each other informed of –

        • a) the person or unit responsible for a particular case;

        • b) the progress of the case,

        and shall provide timely responses to enquiries.

      • 6 Central Authorities shall process a case as quickly as a proper consideration of the issues will allow.

      • 7 Central Authorities shall employ the most rapid and efficient means of communication at their disposal.

      • 8 A requested Central Authority may refuse to process an application only if it is manifest that the requirements of the Convention are not fulfilled. In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal.

      • 9 The requested Central Authority may not reject an application solely on the basis that additional documents or information are needed. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. If the requesting Central Authority does not do so within three months or a longer period specified by the requested Central Authority, the requested Central Authority may decide that it will no longer process the application. In this case, it shall inform the requesting Central Authority of this decision.

      ARTICLE 13
      Means of Communication

      Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned.

      ARTICLE 14
      Effective Access to Procedures

      • 1 The requested State shall provide applicants with effective access to procedures, including enforcement and appeal procedures, arising from applications under this Chapter.

      • 2 To provide such effective access, the requested State shall provide free legal assistance in accordance with Articles 14 to 17 unless paragraph 3 applies.

      • 3 The requested State shall not be obliged to provide such free legal assistance if and to the extent that the procedures of that State enable the applicant to make the case without the need for such assistance, and the Central Authority provides such services as are necessary free of charge.

      • 4 Entitlements to free legal assistance shall not be less than those available in equivalent domestic cases.

      • 5 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in proceedings under the Convention.

      ARTICLE 15
      Free Legal Assistance for Child Support Applications

      • 1 The requested State shall provide free legal assistance in respect of all applications by a creditor under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

      • 2 Notwithstanding paragraph 1, the requested State may, in relation to applications other than those under Article 10(1) a) and b) and the cases covered by Article 20(4), refuse free legal assistance if it considers that, on the merits, the application or any appeal is manifestly unfounded.

      ARTICLE 16
      Declaration To Permit Use of Child-centred Means Test

      • 1 Notwithstanding Article 15(1), a State may declare, in accordance with Article 63, that it will provide free legal assistance in respect of applications other than under Article 10(1) a) and b) and the cases covered by Article 20(4), subject to a test based on an assessment of the means of the child.

      • 2 A State shall, at the time of making such a declaration, provide information to the Permanent Bureau of the Hague Conference on Private International Law concerning the manner in which the assessment of the child’s means will be carried out, including the financial criteria which would need to be met to satisfy the test.

      • 3 An application referred to in paragraph 1, addressed to a State which has made the declaration referred to in that paragraph, shall include a formal attestation by the applicant stating that the child’s means meet the criteria referred to in paragraph 2. The requested State may only request further evidence of the child’s means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate.

      • 4 If the most favourable legal assistance provided for by the law of the requested State in respect of applications under this Chapter concerning maintenance obligations arising from a parent-child relationship towards a child is more favourable than that provided for under paragraphs 1 to 3, the most favourable legal assistance shall be provided.

      ARTICLE 17
      Applications not Qualifying Under Article 15 or Article 16

      In the case of all applications under this Convention other than those under Article 15 or Article 16 –

      • a) the provision of free legal assistance may be made subject to a means or a merits test;

      • b) an applicant, who in the State of origin has benefited from free legal assistance, shall be entitled, in any proceedings for recognition or enforcement, to benefit, at least to the same extent, from free legal assistance as provided for by the law of the State addressed under the same circumstances.

      CHAPTER IV
      Restrictions on Bringing Proceedings

      ARTICLE 18
      Limit on Proceedings

      • 1 Where a decision is made in a Contracting State where the creditor is habitually resident, proceedings to modify the decision or to make a new decision cannot be brought by the debtor in any other Contracting State as long as the creditor remains habitually resident in the State where the decision was made.

      • 2 Paragraph 1 shall not apply –

        • a) where, except in disputes relating to maintenance obligations in respect of children, there is agreement in writing between the parties to the jurisdiction of that other Contracting State;

        • b) where the creditor submits to the jurisdiction of that other Contracting State either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

        • c) where the competent authority in the State of origin cannot, or refuses to, exercise jurisdiction to modify the decision or make a new decision; or

        • d) where the decision made in the State of origin cannot be recognised or declared enforceable in the Contracting State where proceedings to modify the decision or make a new decision are contemplated.

      CHAPTER V
      Recognition and Enforcement

      ARTICLE 19
      Scope of the Chapter

      • 1 This Chapter shall apply to a decision rendered by a judicial or administrative authority in respect of a maintenance obligation. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority. A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.

      • 2 If a decision does not relate solely to a maintenance obligation, the effect of this Chapter is limited to the parts of the decision which concern maintenance obligations.

      • 3 For the purpose of paragraph 1, “administrative authority” means a public body whose decisions, under the law of the State where it is established –

        • a) may be made the subject of an appeal to or review by a judicial authority; and

        • b) have a similar force and effect to a decision of a judicial authority on the same matter.

      • 4 This Chapter also applies to maintenance arrangements in accordance with Article 30.

      • 5 The provisions of this Chapter shall apply to a request for recognition and enforcement made directly to a competent authority of the State addressed in accordance with Article 37.

      ARTICLE 20
      Bases for Recognition and Enforcement

      • 1 A decision made in one Contracting State (“the State of origin”) shall be recognised and enforced in other Contracting States if –

        • a) the respondent was habitually resident in the State of origin at the time proceedings were instituted;

        • b) the respondent has submitted to the jurisdiction either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity;

        • c) the creditor was habitually resident in the State of origin at the time proceedings were instituted;

        • d) the child for whom maintenance was ordered was habitually resident in the State of origin at the time proceedings were instituted, provided that the respondent has lived with the child in that State or has resided in that State and provided support for the child there;

        • e) except in disputes relating to maintenance obligations in respect of children, there has been agreement to the jurisdiction in writing by the parties; or

        • f) the decision was made by an authority exercising jurisdiction on a matter of personal status or parental responsibility, unless that jurisdiction was based solely on the nationality of one of the parties.

      • 2 A Contracting State may make a reservation, in accordance with Article 62, in respect of paragraph 1 c), e) or f).

      • 3 A Contracting State making a reservation under paragraph 2 shall recognise and enforce a decision if its law would in similar factual circumstances confer or would have conferred jurisdiction on its authorities to make such a decision.

      • 4 A Contracting State shall, if recognition of a decision is not possible as a result of a reservation under paragraph 2, and if the debtor is habitually resident in that State, take all appropriate measures to establish a decision for the benefit of the creditor. The preceding sentence shall not apply to direct requests for recognition and enforcement under Article 19(5) or to claims for support referred to in Article 2(1) b).

      • 5 A decision in favour of a child under the age of 18 years which cannot be recognised by virtue only of a reservation in respect of paragraph 1 c), e) or f) shall be accepted as establishing the eligibility of that child for maintenance in the State addressed.

      • 6 A decision shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

      ARTICLE 21
      Severability and Partial Recognition and Enforcement

      • 1 If the State addressed is unable to recognise or enforce the whole of the decision, it shall recognise or enforce any severable part of the decision which can be so recognised or enforced.

      • 2 Partial recognition or enforcement of a decision can always be applied for.

      ARTICLE 22
      Grounds for Refusing Recognition and Enforcement

      Recognition and enforcement of a decision may be refused if –

      • a) recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;

      • b) the decision was obtained by fraud in connection with a matter of procedure;

      • c) proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;

      • d) the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;

      • e) in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin

        • i) when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

        • ii) when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or

      • f) the decision was made in violation of Article 18.

      ARTICLE 23
      Procedure on an Application for Recognition and Enforcement

      • 1 Subject to the provisions of the Convention, the procedures for recognition and enforcement shall be governed by the law of the State addressed.

      • 2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either –

        • a) refer the application to the competent authority which shall without delay declare the decision enforceable or register the decision for enforcement; or

        • b) if it is the competent authority take such steps itself.

      • 3 Where the request is made directly to a competent authority in the State addressed in accordance with Article 19(5), that authority shall without delay declare the decision enforceable or register the decision for enforcement.

      • 4 A declaration or registration may be refused only on the ground set out in Article 22 a). At this stage neither the applicant nor the respondent is entitled to make any submissions.

      • 5 The applicant and the respondent shall be promptly notified of the declaration or registration, made under paragraphs 2 and 3, or the refusal thereof in accordance with paragraph 4, and may bring a challenge or appeal on fact and on a point of law.

      • 6 A challenge or an appeal is to be lodged within 30 days of notification under paragraph 5. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 60 days of notification.

      • 7 A challenge or appeal may be founded only on the following –

        • a) the grounds for refusing recognition and enforcement set out in Article 22;

        • b) the bases for recognition and enforcement under Article 20;

        • c) the authenticity or integrity of any document transmitted in accordance with Article 25(1) a), b) or d) or (3) b).

      • 8 A challenge or an appeal by a respondent may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

      • 9 The applicant and the respondent shall be promptly notified of the decision following the challenge or the appeal.

      • 10 A further appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

      • 11 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

      ARTICLE 24
      Alternative Procedure on an Application for Recognition and Enforcement

      • 1 Notwithstanding Article 23(2) to (11), a State may declare, in accordance with Article 63, that it will apply the procedure for recognition and enforcement set out in this Article.

      • 2 Where an application for recognition and enforcement of a decision has been made through Central Authorities in accordance with Chapter III, the requested Central Authority shall promptly either –

        • a) refer the application to the competent authority which shall decide on the application for recognition and enforcement; or

        • b) if it is the competent authority, take such a decision itself.

      • 3 A decision on recognition and enforcement shall be given by the competent authority after the respondent has been duly and promptly notified of the proceedings and both parties have been given an adequate opportunity to be heard.

      • 4 The competent authority may review the grounds for refusing recognition and enforcement set out in Article 22 a), c) and d) of its own motion. It may review any grounds listed in Articles 20, 22 and 23(7) c) if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article 25.

      • 5 A refusal of recognition and enforcement may also be founded on the fulfilment of the debt to the extent that the recognition and enforcement relates to payments that fell due in the past.

      • 6 Any appeal, if permitted by the law of the State addressed, shall not have the effect of staying the enforcement of the decision unless there are exceptional circumstances.

      • 7 In taking any decision on recognition and enforcement, including any appeal, the competent authority shall act expeditiously.

      ARTICLE 25
      Documents

      • 1 An application for recognition and enforcement under Article 23 or Article 24 shall be accompanied by the following

        • a) a complete text of the decision;

        • b) a document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements;

        • c) if the respondent did not appear and was not represented in the proceedings in the State of origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law;

        • d) where necessary, a document showing the amount of any arrears and the date such amount was calculated;

        • e) where necessary, in the case of a decision providing for automatic adjustment by indexation, a document providing the information necessary to make the appropriate calculations;

        • f) where necessary, documentation showing the extent to which the applicant received free legal assistance in the State of origin.

      • 2 Upon a challenge or appeal under Article 23(7) c) or upon request by the competent authority in the State addressed, a complete copy of the document concerned, certified by the competent authority in the State of origin, shall be provided promptly –

        • a) by the Central Authority of the requesting State, where the application has been made in accordance with Chapter III;

        • b) by the applicant, where the request has been made directly to a competent authority of the State addressed.

      • 3 A Contracting State may specify in accordance with Article 57 –

        • a) that a complete copy of the decision certified by the competent authority in the State of origin must accompany the application;

        • b) circumstances in which it will accept, in lieu of a complete text of the decision, an abstract or extract of the decision drawn up by the competent authority of the State of origin, which may be made in the form recommended and published by the Hague Conference on Private International Law; or

        • c) that it does not require a document stating that the requirements of Article 19(3) are met.

      ARTICLE 26
      Procedure on an Application for Recognition

      This Chapter shall apply mutatis mutandis to an application for recognition of a decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of origin.

      ARTICLE 27
      Findings of Fact

      Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.

      ARTICLE 28
      No Review of the Merits

      There shall be no review by any competent authority of the State addressed of the merits of a decision.

      ARTICLE 29
      Physical Presence of the Child or the Applicant not Required

      The physical presence of the child or the applicant shall not be required in any proceedings in the State addressed under this Chapter.

      ARTICLE 30
      Maintenance Arrangements

      • 1 A maintenance arrangement made in a Contracting State shall be entitled to recognition and enforcement as a decision under this Chapter provided that it is enforceable as a decision in the State of origin.

      • 2 For the purpose of Article 10(1) a) and b) and (2) a), the term “decision” includes a maintenance arrangement.

      • 3 An application for recognition and enforcement of a maintenance arrangement shall be accompanied by the following –

        • a) a complete text of the maintenance arrangement; and

        • b) a document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin.

      • 4 Recognition and enforcement of a maintenance arrangement may be refused if –

        • a) the recognition and enforcement is manifestly incompatible with the public policy of the State addressed;

        • b) the maintenance arrangement was obtained by fraud or falsification;

        • c) the maintenance arrangement is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed.

      • 5 The provisions of this Chapter, with the exception of Articles 20, 22, 23(7) and 25(1) and (3), shall apply mutatis mutandis to the recognition and enforcement of a maintenance arrangement save that –

        • a) a declaration or registration in accordance with Article 23(2) and (3) may be refused only on the ground set out in paragraph 4 a);

        • b) a challenge or appeal as referred to in Article 23(6) may be founded only on the following –

          • i) the grounds for refusing recognition and enforcement set out in paragraph 4;

          • ii) the authenticity or integrity of any document transmitted in accordance with paragraph 3;

        • c) as regards the procedure under Article 24(4), the competent authority may review of its own motion the ground for refusing recognition and enforcement set out in paragraph 4 a) of this Article. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by the respondent or if concerns relating to those grounds arise from the face of those documents.

      • 6 Proceedings for recognition and enforcement of a maintenance arrangement shall be suspended if a challenge concerning the arrangement is pending before a competent authority of a Contracting State.

      • 7 A State may declare, in accordance with Article 63, that applications for recognition and enforcement of a maintenance arrangement shall only be made through Central Authorities.

      • 8 A Contracting State may, in accordance with Article 62, reserve the right not to recognise and enforce a maintenance arrangement.

      ARTICLE 31
      Decisions Produced by the Combined Effect of Provisional and Confirmation Orders

      Where a decision is produced by the combined effect of a provisional order made in one State and an order by an authority in another State (“the confirming State”) confirming the provisional order –

      • a) each of those States shall be deemed for the purposes of this Chapter to be a State of origin;

      • b) the requirements of Article 22 e) shall be met if the respondent had proper notice of the proceedings in the confirming State and an opportunity to oppose the confirmation of the provisional order;

      • c) the requirement of Article 20(6) that a decision be enforceable in the State of origin shall be met if the decision is enforceable in the confirming State; and

      • d) Article 18 shall not prevent proceedings for the modification of the decision being commenced in either State.

      CHAPTER VI
      Enforcement by the State Addressed

      ARTICLE 32
      Enforcement Under Internal Law

      • 1 Subject to the provisions of this Chapter, enforcement shall take place in accordance with the law of the State addressed.

      • 2 Enforcement shall be prompt.

      • 3 In the case of applications through Central Authorities, where a decision has been declared enforceable or registered for enforcement under Chapter V, enforcement shall proceed without the need for further action by the applicant.

      • 4 Effect shall be given to any rules applicable in the State of origin of the decision relating to the duration of the maintenance obligation.

      • 5 Any limitation on the period for which arrears may be enforced shall be determined either by the law of the State of origin of the decision or by the law of the State addressed, whichever provides for the longer limitation period.

      ARTICLE 33
      Non-Discrimination

      The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases.

      ARTICLE 34
      Enforcement Measures

      • 1 Contracting States shall make available in internal law effective measures to enforce decisions under this Convention.

      • 2 Such measures may include –

        • a) wage withholding;

        • b) garnishment from bank accounts and other sources;

        • c) deductions from social security payments;

        • d) lien on or forced sale of property;

        • e) tax refund withholding;

        • f) withholding or attachment of pension benefits;

        • g) credit bureau reporting;

        • h) denial, suspension or revocation of various licenses (for example, driving licenses);

        • i) the use of mediation, conciliation or similar processes to bring about voluntary compliance.

      ARTICLE 35
      Transfer of Funds

      • 1 Contracting States are encouraged to promote, including by means of international agreements, the use of the most cost-effective and efficient methods available to transfer funds payable as maintenance.

      • 2 A Contracting State, under whose law the transfer of funds is restricted, shall accord the highest priority to the transfer of funds payable under this Convention.

      CHAPTER VII
      Public Bodies

      ARTICLE 36
      Public Bodies as Applicants

      • 1 For the purposes of applications for recognition and enforcement under Article 10(1) a) and b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.

      • 2 The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.

      • 3 A public body may seek recognition or claim enforcement of –

        • a) a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;

        • b) a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.

      • 4 The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.

      CHAPTER VIII
      General Provision

      ARTICLE 37
      Direct Requests to Competent Authorities

      • 1 The Convention shall not exclude the possibility of recourse to such procedures as may be available under the internal law of a Contracting State allowing a person (an applicant) to seize directly a competent authority of that State in a matter governed by the Convention including, subject to Article 18, for the purpose of having a maintenance decision established or modified.

      • 2 Articles 14(5) and 17 b) and the provisions of Chapters V, VI, VII and this Chapter, with the exception of Articles 40(2), 42, 43(3), 44(3), 45 and 55, shall apply in relation to a request for recognition and enforcement made directly to a competent authority in a Contracting State.

      • 3 For the purpose of paragraph 2, Article 2(1) a) shall apply to a decision granting maintenance to a vulnerable person over the age specified in that sub-paragraph where such decision was rendered before the person reached that age and provided for maintenance beyond that age by reason of the impairment.

      ARTICLE 38
      Protection of Personal Data

      Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

      ARTICLE 39
      Confidentiality

      Any authority processing information shall ensure its confidentiality in accordance with the law of its State.

      ARTICLE 40
      Non-Disclosure of Information

      • 1 An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person.

      • 2 A determination to this effect made by one Central Authority shall be taken into account by another Central Authority, in particular in cases of family violence.

      • 3 Nothing in this Article shall impede the gathering and transmitting of information by and between authorities in so far as necessary to carry out the obligations under the Convention.

      ARTICLE 41
      No Legalisation

      No legalisation or similar formality may be required in the context of this Convention.

      ARTICLE 42
      Power of Attorney

      The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.

      ARTICLE 43
      Recovery of Costs

      • 1 Recovery of any costs incurred in the application of this Convention shall not take precedence over the recovery of maintenance.

      • 2 A State may recover costs from an unsuccessful party.

      • 3 For the purposes of an application under Article 10(1) b) to recover costs from an unsuccessful party in accordance with paragraph 2, the term “creditor” in Article 10(1) shall include a State.

      • 4 This Article shall be without prejudice to Article 8.

      ARTICLE 44
      Language Requirements

      • 1 Any application and related documents shall be in the original language, and shall be accompanied by a translation into an official language of the requested State or another language which the requested State has indicated, by way of declaration in accordance with Article 63, it will accept, unless the competent authority of that State dispenses with translation.

      • 2 A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents in one of those languages shall, by declaration in accordance with Article 63, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.

      • 3 Unless otherwise agreed by the Central Authorities, any other communications between such Authorities shall be in an official language of the requested State or in either English or French. However a Contracting State may, by making a reservation in accordance with Article 62, object to the use of either English or French.

      ARTICLE 45
      Means and Costs of Translation

      • 1 In the case of applications under Chapter III, the Central Authorities may agree in an individual case or generally that the translation into an official language of the requested State may be made in the requested State from the original language or from any other agreed language. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44(1) and (2), then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.

      • 2 The cost of translation arising from the application of paragraph 1 shall be borne by the requesting State unless otherwise agreed by Central Authorities of the States concerned.

      • 3 Notwithstanding Article 8, the requesting Central Authority may charge an applicant for the costs of translation of an application and related documents, except in so far as those costs may be covered by its system of legal assistance.

      ARTICLE 46
      Non-Unified Legal Systems Interpretation

      • 1 In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units

        • a) any reference to the law or procedure of a State shall be construed as referring, where appropriate, to the law or procedure in force in the relevant territorial unit;

        • b) any reference to a decision established, recognised, recognised and enforced, enforced or modified in that State shall be construed as referring, where appropriate, to a decision established, recognised, recognised and enforced, enforced or modified in the relevant territorial unit;

        • c) any reference to a judicial or administrative authority in that State shall be construed as referring, where appropriate, to a judicial or administrative authority in the relevant territorial unit;

        • d) any reference to competent authorities, public bodies, and other bodies of that State, other than Central Authorities, shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;

        • e) any reference to residence or habitual residence in that State shall be construed as referring, where appropriate, to residence or habitual residence in the relevant territorial unit;

        • f) any reference to location of assets in that State shall be construed as referring, where appropriate, to the location of assets in the relevant territorial unit;

        • g) any reference to a reciprocity arrangement in force in a State shall be construed as referring, where appropriate, to a reciprocity arrangement in force in the relevant territorial unit;

        • h) any reference to free legal assistance in that State shall be construed as referring, where appropriate, to free legal assistance in the relevant territorial unit;

        • i) any reference to a maintenance arrangement made in a State shall be construed as referring, where appropriate, to a maintenance arrangement made in the relevant territorial unit;

        • j) any reference to recovery of costs by a State shall be construed as referring, where appropriate, to the recovery of costs by the relevant territorial unit.

      • 2 This Article shall not apply to a Regional Economic Integration Organisation.

      ARTICLE 47
      Non-Unified Legal Systems – Substantive Rules

      • 1 A Contracting State with two or more territorial units in which different systems of law apply shall not be bound to apply this Convention to situations which involve solely such different territorial units.

      • 2 A competent authority in a territorial unit of a Contracting State with two or more territorial units in which different systems of law apply shall not be bound to recognise or enforce a decision from another Contracting State solely because the decision has been recognised or enforced in another territorial unit of the same Contracting State under this Convention.

      • 3 This Article shall not apply to a Regional Economic Integration Organisation.

      ARTICLE 48
      Co-ordination with Prior Hague Maintenance Conventions

      In relations between the Contracting States, this Convention replaces, subject to Article 56(2), the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations and the Hague Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children in so far as their scope of application as between such States coincides with the scope of application of this Convention.

      ARTICLE 49
      Co-ordination with the 1956 New York Convention

      In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956, in so far as its scope of application as between such States coincides with the scope of application of this Convention.

      ARTICLE 50
      Relationship with Prior Hague Convention on Service of Documents and Taking of Evidence

      This Convention does not affect the Hague Convention of 1 March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.

      ARTICLE 51
      Co-ordination of Instruments and Supplementary Agreements

      • 1 This Convention does not affect any international instrument concluded before this Convention to which Contracting States are Parties and which contains provisions on matters governed by this Convention.

      • 2 Any Contracting State may conclude with one or more Contracting States agreements, which contain provisions on matters governed by the Convention, with a view to improving the application of the Convention between or among themselves, provided that such agreements are consistent with the objects and purpose of the Convention and do not affect, in the relationship of such States with other Contracting States, the application of the provisions of the Convention. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

      • 3 Paragraphs 1 and 2 shall also apply to reciprocity arrangements and to uniform laws based on special ties between the States concerned.

      • 4 This Convention shall not affect the application of instruments of a Regional Economic Integration Organisation that is a Party to this Convention, adopted after the conclusion of the Convention, on matters governed by the Convention provided that such instruments do not affect, in the relationship of Member States of the Regional Economic Integration Organisation with other Contracting States, the application of the provisions of the Convention. As concerns the recognition or enforcement of decisions as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.

      ARTICLE 52
      Most Effective Rule

      • 1 This Convention shall not prevent the application of an agreement, arrangement or international instrument in force between the requesting State and the requested State, or a reciprocity arrangement in force in the requested State that provides for –

        • a) broader bases for recognition of maintenance decisions, without prejudice to Article 22 f) of the Convention;

        • b) simplified, more expeditious procedures on an application for recognition or recognition and enforcement of maintenance decisions;

        • c) more beneficial legal assistance than that provided for under Articles 14 to 17; or

        • d) procedures permitting an applicant from a requesting State to make a request directly to the Central Authority of the requested State.

      • 2 This Convention shall not prevent the application of a law in force in the requested State that provides for more effective rules as referred to in paragraph 1 a) to c). However, as regards simplified, more expeditious procedures referred to in paragraph 1 b), they must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.

      ARTICLE 53
      Uniform Interpretation

      In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application.

      ARTICLE 54
      Review of Practical Operation of the Convention

      • 1 The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention and to encourage the development of good practices under the Convention.

      • 2 For the purpose of such review, Contracting States shall co-operate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of information, including statistics and case law, concerning the practical operation of the Convention.

      ARTICLE 55
      Amendments of Forms

      • 1 The forms annexed to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference on Private International Law to which all Contracting States and all Members shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting.

      • 2 Amendments adopted by the Contracting States present at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the depositary to all Contracting States.

      • 3 During the period provided for in paragraph 2 any Contracting State may by notification in writing to the depositary make a reservation, in accordance with Article 62, with respect to the amendment. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.

      ARTICLE 56
      Transitional Provisions

      • 1 The Convention shall apply in every case where –

        • a) a request pursuant to Article 7 or an application pursuant to Chapter III has been received by the Central Authority of the requested State after the Convention has entered into force between the requesting State and the requested State;

        • b) a direct request for recognition and enforcement has been received by the competent authority of the State addressed after the Convention has entered into force between the State of origin and the State addressed.

      • 2 With regard to the recognition and enforcement of decisions between Contracting States to this Convention that are also Parties to either of the Hague Maintenance Conventions mentioned in Article 48, if the conditions for the recognition and enforcement under this Convention prevent the recognition and enforcement of a decision given in the State of origin before the entry into force of this Convention for that State, that would otherwise have been recognised and enforced under the terms of the Convention that was in effect at the time the decision was rendered, the conditions of that Convention shall apply.

      • 3 The State addressed shall not be bound under this Convention to enforce a decision or a maintenance arrangement, in respect of payments falling due prior to the entry into force of the Convention between the State of origin and the State addressed, except for maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years.

      ARTICLE 57
      Provision of Information Concerning Laws, Procedures and Services

      • 1 A Contracting State, by the time its instrument of ratification or accession is deposited or a declaration is submitted in accordance with Article 61 of the Convention, shall provide the Permanent Bureau of the Hague Conference on Private International Law with –

        • a) a description of its laws and procedures concerning maintenance obligations;

        • b) a description of the measures it will take to meet the obligations under Article 6;

        • c) a description of how it will provide applicants with effective access to procedures, as required under Article 14;

        • d) a description of its enforcement rules and procedures, including any limitations on enforcement, in particular debtor protection rules and limitation periods;

        • e) any specification referred to in Article 25(1) b) and (3).

      • 2 Contracting States may, in fulfilling their obligations under paragraph 1, utilise a country profile form recommended and published by the Hague Conference on Private International Law.

      • 3 Information shall be kept up to date by the Contracting States.

      CHAPTER IX
      Final Provisions

      ARTICLE 58
      Signature, Ratification and Accession

      • 1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Twenty-First Session and by the other States which participated in that Session.

      • 2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

      • 3 Any other State or Regional Economic Integration Organisation may accede to the Convention after it has entered into force in accordance with Article 60(1).

      • 4 The instrument of accession shall be deposited with the depositary.

      • 5 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the 12 months after the date of the notification referred to in Article 65. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

      ARTICLE 59
      Regional Economic Integration Organisations

      • 1 A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention.

      • 2 The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.

      • 3 At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare in accordance with Article 63 that it exercises competence over all the matters governed by this Convention and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by this Convention by virtue of the signature, acceptance, approval or accession of the Organisation.

      • 4 For the purposes of the entry into force of this Convention, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration in accordance with paragraph 3.

      • 5 Any reference to a “Contracting State” or “State” in this Convention shall apply equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply equally to the relevant Member States of the Organisation, where appropriate.

      ARTICLE 60
      Entry into Force

      • 1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance or approval referred to in Article 58.

      • 2 Thereafter the Convention shall enter into force –

        • a) for each State or Regional Economic Integration Organisation referred to in Article 59(1) subsequently ratifying, accepting or approving it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance or approval;

        • b) for each State or Regional Economic Integration Organisation referred to in Article 58(3) on the day after the end of the period during which objections may be raised in accordance with Article 58(5);

        • c) for a territorial unit to which the Convention has been extended in accordance with Article 61, on the first day of the month following the expiration of three months after the notification referred to in that Article.

      ARTICLE 61
      Declarations with Respect to Non-Unified Legal Systems

      • 1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 63 that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

      • 2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

      • 3 If a State makes no declaration under this Article, the Convention shall extend to all territorial units of that State.

      • 4 This Article shall not apply to a Regional Economic Integration Organisation.

      ARTICLE 62
      Reservations

      • 1 Any Contracting State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 61, make one or more of the reservations provided for in Articles 2(2), 20(2), 30(8), 44(3) and 55(3). No other reservation shall be permitted.

      • 2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

      • 3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in paragraph 2.

      • 4 Reservations under this Article shall have no reciprocal effect with the exception of the reservation provided for in Article 2(2).

      ARTICLE 63
      Declarations

      • 1 Declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1), may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.

      • 2 Declarations, modifications and withdrawals shall be notified to the depositary.

      • 3 A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Convention for the State concerned.

      • 4 A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.

      ARTICLE 64
      Denunciation

      • 1 A Contracting State to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a multi-unit State to which the Convention applies.

      • 2 The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

      ARTICLE 65
      Notification

      The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 58 and 59 of the following –

      • a) the signatures, ratifications, acceptances and approvals referred to in Articles 58 and 59;

      • b) the accessions and objections raised to accessions referred to in Articles 58(3) and (5) and 59;

      • c) the date on which the Convention enters into force in accordance with Article 60;

      • d) the declarations referred to in Articles 2(3), 11(1) g), 16(1), 24(1), 30(7), 44(1) and (2), 59(3) and 61(1);

      • e) the agreements referred to in Article 51(2);

      • f) the reservations referred to in Articles 2(2), 20(2), 30(8), 44(3) and 55(3), and the withdrawals referred to in Article 62(2);

      • g) the denunciations referred to in Article 64.

      IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.

      DONE at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.

      Certified true copy of the original

      The Director of Treaties of the Ministry of Foreign Affairs of the Kingdom of the Netherlands

      ANNEX 1Transmittal form under Article 12(2)

      CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE

      Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.

      An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in accordance with Article 40.

      •  A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.

      1.Requesting Central Authority2.Contact person in requesting State
      a.Addressa.Address (if different)
      b.Telephone numberb.Telephone number (if different)
      c.Fax numberc.Fax number (if different)
      d.E-maild.E-mail (if different)
      e.Reference numbere.Language(s)
      3.Requested Central Authorityblank line
      Addressblank line
      blank line
      4.Particulars of the applicant
      a.Family name(s):blank line
      b.Given name(s):blank line
      c.Date of birthblank line (dd/mm/yyyy)
      or
      a.Name of the public body:blank line
      blank line
      5.Particulars of the person(s) for whom maintenance is sought or payable
      a.The person is the same as the applicant named in point 4
      b.i.Family name(s):blank line
      Given name(s):blank line
      Date of birth:blank line (dd/mm/yyyy)
      ii.Family name(s):blank line
      Given name(s):blank line
      Date of birth:blank line (dd/mm/yyyy)
      iii.Family name(s):blank line
      Given name(s):blank line
      Date of birth:blank line (dd/mm/yyyy)
      6.Particulars of the debtorFootnote for 1
      a.The person is the same as the applicant named in point 4
      b.Family name(s):blank line
      c.Given name(s):blank line
      d.Date of birth:blank line (dd/mm/yyyy)
      • Return to footnote 1According to Art. 3 of the Convention ““debtor” means an individual who owes or who is alleged to owe maintenance”.

      7.This transmittal form concerns and is accompanied by an application under:
      Article 10(1) a)
      Article 10(1) b)
      Article 10(1) c)
      Article 10(1) d)
      Article 10(1) e)
      Article 10(1) f)
      Article 10(2) a)
      Article 10(2) b)
      Article 10(2) c)
      8.The following documents are appended to the application:
      a.For the purpose of an application under Article 10(1) a) and:
      In accordance with Article 25:
      Complete text of the decision (Art. 25(1) a))
      Abstract or extract of the decision drawn up by the competent authority of the State of origin (Art. 25(3) b)) (if applicable)
      Document stating that the decision is enforceable in the State of origin and, in the case of a decision by an administrative authority, a document stating that the requirements of Article 19(3) are met unless that State has specified in accordance with Article 57 that decisions of its administrative authorities always meet those requirements (Art. 25(1) b)) or if Article 25(3) c) is applicable
      If the respondent did not appear and was not represented in the proceedings in the State or origin, a document or documents attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the decision and the opportunity to challenge or appeal it on fact and law (Art. 25(1) c))
      Where necessary, a document showing the amount of any arrears and the date such amount was calculated (Art. 25(1) d))
      Where necessary, a document providing the information necessary to make appropriate calculation in case of a decision providing for automatic adjustment by indexation (Art. 25(1) e))
      Where necessary, documentation showing the extent to which the applicant received free legal assistance in the State or origin (Art. 25(1) f))
      In accordance with Article 30(3):
      Complete text of the maintenance arrangement (Art. 30(3) a))
      A document stating that the particular maintenance arrangement is enforceable as a decision in the State of origin (Art. 30(3) b))
      Any other documents accompanying the application (e.g., if required, a document for the purpose of Art. 36(4)):
      blank line
      blank line
      b.For the purpose of an application under Article 10(1) b), c), d), e), f) and (2) a), b) or c), the following number of supporting documents (excluding the transmittal form and the application itself) in accordance with Article 11(3):
      Article 10(1) b) blank line
      Article 10(1) c) blank line
      Article 10(1) d)blank line
      Article 10(1) e) blank line
      Article 10(1) f) blank line
      Article 10(2) a) blank line
      Article 10(2) b) blank line
      Article 10(2) c) blank line
      Name: blank line (in block letters)Date: blank line
      Authorised representative of the Central Authority

      (dd/mm/yyyy)

      ANNEX 2Acknowledgement form under Article 12(3)

      CONFIDENTIALITY AND PERSONAL DATA PROTECTION NOTICE

      Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.

      An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in accordance with Article 40.

      •  A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.

      1.Requested Central Authority2.Contact person in requesting State
      a.Addressa.Address (if different)
      b.Telephone numberb.Telephone number (if different)
      c.Fax numberc.Fax number (if different)
      d.E-maild.E-mail (if different)
      e.Reference numbere.Language(s)
      3.Requested Central Authorityblank line
      Contact personblank line
      Addressblank line
      blank line
      4.The requested Central Authority acknowledges receipt on blank line (dd/mm/yyyy) of the transmittal form from the requesting Central Authority (reference number blank line; dated blank line (dd/mm/yyyy) concerning the following application under:
      Article 10(1) a)
      Article 10(1) b)
      Article 10(1) c)
      Article 10(1) d)
      Article 10(1) e)
      Article 10(1) f)
      Article 10(2) a)
      Article 10(2) b)
      Article 10(2) c)
      Family name(s) of applicant:blank line
      Family name(s) of the person(s) for whom maintenance is sought or payable:blank line
      blank line
      blank line
      Family name(s) of debtor:blank line
      5.Initial steps taken by the requested Central Authority:
      The file is complete and is under consideration
      See attached status of application report
      Status of application report will follow
      Please provide the following additional information and / or documentation:
      blank line
      blank line
      The requested Central Authority refuses to process this application as it is manifest that the requirements of the Convention are not fulfilled (Art. 12(8)).
      The reasons:
      are set out in an attached document
      will be set out in a document to follow
      The requested Central Authority requests that the requesting Central Authority inform it of any change in the status of the application.
      Name: blank line (in block letters)Date: blank line
      Authorised representative of the Central Authority

      (dd/mm/yyyy)

  • — 2019, c. 16, s. 37

    • 37 The schedule to the Act is renumbered as Schedule 1.

  • — 2019, c. 16, s. 39

    • 39 The Act is amended by adding, after Sche­dule 1, the Schedule 2 set out in Schedule 2 to this Act.

      SCHEDULE(Section 30)Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children

      The States signatory to the present Convention,

      Considering the need to improve the protection of children in international situations,

      Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,

      Recalling the importance of international co-operation for the protection of children,

      Confirming that the best interests of the child are to be a primary consideration,

      Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,

      Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,

      Have agreed on the following provisions —

      Chapter I – Scope of the Convention

      ARTICLE 1

      • 1 The objects of the present Convention are –

        • a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;

        • b to determine which law is to be applied by such authorities in exercising their jurisdiction;

        • c to determine the law applicable to parental responsibility;

        • d to provide for the recognition and enforcement of such measures of protection in all Contracting States;

        • e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.

      • 2 For the purposes of this Convention, the term “parental responsibility” includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians and other legal representatives in relation to the person or the property of the child.

      ARTICLE 2

      The Convention applies to children from the moment of their birth until they reach the age of 18 years.

      ARTICLE 3

      The measures referred to in Article 1 may deal in particular with –

      • a the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;

      • b rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child’s habitual residence;

      • c guardianship, curatorship and analogous institutions;

      • d the designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child;

      • e the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;

      • f the supervision by a public authority of the care of a child by any person having charge of the child;

      • g the administration, conservation or disposal of the child’s property.

      ARTICLE 4

      The Convention does not apply to –

      • a the establishment or contesting of a parent-child relationship;

      • b decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;

      • c the name and forenames of the child;

      • d emancipation;

      • e maintenance obligations;

      • f trusts or succession;

      • g social security;

      • h public measures of a general nature in matters of education or health;

      • i measures taken as a result of penal offences committed by children;

      • j decisions on the right of asylum and on immigration.

      Chapter II – Jurisdiction

      ARTICLE 5

      • 1 The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property.

      • 2 Subject to Article 7, in case of a change of the child’s habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.

      ARTICLE 6

      • 1 For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5.

      • 2 The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.

      ARTICLE 7

      • 1 In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual resident in another State, and

        • a each person, institution or other body having rights of custody has acquiesced in the removal or retention; or

        • b the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.

      • 2 The removal or the retention of a child is to be considered wrongful where

        • a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and

        • b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

        The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

      • 3 So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.

      ARTICLE 8

      • 1 By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either

        •  request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or

        •  suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.

      • 2 The Contracting States whose authorities may be addressed as provided in the preceding paragraph are

        • a a State of which the child is a national,

        • b a State in which property of the child is located,

        • c a State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage,

        • d a State with which the child has a substantial connection.

      • 3 The authorities concerned may proceed to an exchange of views.

      • 4 The authority addressed as provided in paragraph 1 may assume jurisdiction, in place of the authority having jurisdiction under Article 5 or 6, if it considers that this is in the child’s best interests.

      ARTICLE 9

      • 1 If the authorities of a Contracting State referred to in Article 8, paragraph 2, consider that they are better placed in the particular case to assess the child’s best interests, they may either

        •  request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the Central Authority of that State, that they be authorized to exercise jurisdiction to take the measures of protection which they consider to be necessary, or

        •  invite the parties to introduce such a request before the authority of the Contracting State of the habitual residence of the child.

      • 2 The authorities concerned may proceed to an exchange of views.

      • 3 The authority initiating the request may exercise jurisdiction in place of the authority of the Contracting State of the habitual residence of the child only if the latter authority has accepted the request.

      ARTICLE 10

      • 1 Without prejudice to Articles 5 to 9, the authorities of a Contracting State exercising jurisdiction to decide upon an application for divorce or legal separation of the parents of a child habitually resident in another Contracting State, or for annulment of their marriage, may, if the law of their State so provides, take measures directed to the protection of the person or property of such child if

        • a at the time of commencement of the proceedings, one of his or her parents habitually resides in that State and one of them has parental responsibility in relation to the child, and

        • b the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person who has parental responsibility in relation to the child, and is in the best interests of the child.

      • 2 The jurisdiction provided for by paragraph 1 to take measures for the protection of the child ceases as soon as the decision allowing or refusing the application for divorce, legal separation or annulment of the marriage has become final, or the proceedings have come to an end for another reason.

      ARTICLE 11

      • 1 In all cases of urgency, the authorities of any Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take any necessary measures of protection.

      • 2 The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken the measures required by the situation.

      • 3 The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in each Contracting State as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

      ARTICLE 12

      • 1 Subject to Article 7, the authorities of a Contracting State in whose territory the child or property belonging to the child is present have jurisdiction to take measures of a provisional character for the protection of the person or property of the child which have a territorial effect limited to the State in question, in so far as such measures are not incompatible with measures already taken by authorities which have jurisdiction under Articles 5 to 10.

      • 2 The measures taken under the preceding paragraph with regard to a child habitually resident in a Contracting State shall lapse as soon as the authorities which have jurisdiction under Articles 5 to 10 have taken a decision in respect of the measures of protection which may be required by the situation.

      • 3 The measures taken under paragraph 1 with regard to a child who is habitually resident in a non-Contracting State shall lapse in the Contracting State where the measures were taken as soon as measures required by the situation and taken by the authorities of another State are recognised in the Contracting State in question.

      ARTICLE 13

      • 1 The authorities of a Contracting State which have jurisdiction under Articles 5 to 10 to take measures for the protection of the person or property of the child must abstain from exercising this jurisdiction if, at the time of the commencement of the proceedings, corresponding measures have been requested from the authorities of another Contracting State having jurisdiction under Articles 5 to 10 at the time of the request and are still under consideration.

      • 2 The provisions of the preceding paragraph shall not apply if the authorities before whom the request for measures was initially introduced have declined jurisdiction.

      ARTICLE 14

      The measures taken in application of Articles 5 to 10 remain in force according to their terms, even if a change of circumstances has eliminated the basis upon which jurisdiction was founded, so long as the authorities which have jurisdiction under the Convention have not modified, replaced or terminated such measures.

      Chapter III – Applicable Law

      ARTICLE 15

      • 1 In exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law.

      • 2 However, in so far as the protection of the person or the property of the child requires, they may exceptionally apply or take into consideration of the law of another State with which the situation has a substantial connection.

      • 3 If the child’s habitual residence changes to another Contracting State, the law of that other State governs, from the time of the change, the conditions of application of the measures taken in the State of the former habitual residence.

      ARTICLE 16

      • 1 The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.

      • 2 The attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the child’s habitual residence at the time when the agreement or unilateral act takes effect.

      • 3 Parental responsibility which exists under the law of the State of the child’s habitual residence subsists after a change of that habitual residence to another State.

      • 4 If the child’s habitual residence changes, the attribution of parental responsibility by operation of law to a person who does not already have such responsibility is governed by the law of the State of the new habitual residence.

      ARTICLE 17

      The exercise of parental responsibility is governed by the law of the State of the child’s habitual residence. If the child’s habitual residence changes, it is governed by the law of the State of the new habitual residence.

      ARTICLE 18

      The parental responsibility referred to in Article 16 may be terminated, or the conditions of its exercise modified, by measures taken under this Convention.

      ARTICLE 19

      • 1 The validity of a transaction entered into between a third party and another person who would be entitled to act as the child’s legal representative under the law of the State where the transaction was concluded cannot be contested, and the third party cannot be held liable, on the sole ground that the other person was not entitled to act as the child’s legal representative under the law designated by the provisions of this Chapter, unless the third party knew or should have known that the parental responsibility was governed by the latter law.

      • 2 The preceding paragraph applies only if the transaction was entered into between persons present on the territory of the same State.

      ARTICLE 20

      The provisions of this Chapter apply even if the law designated by them is the law of a non-Contracting State.

      ARTICLE 21

      • 1 In this Chapter the term “law” means the law in force in a State other than its choice of law rules.

      • 2 However, if the law applicable according to Article 16 is that of a non-Contracting State and if the choice of law rules of that State designate the law of another non-Contracting State which would apply its own law, the law of the latter State applies. If that other non-Contracting State would not apply its own law, the applicable law is that designated by Article 16.

      ARTICLE 22

      The application of the law designated by the provisions of this Chapter can be refused only if this application would be manifestly contrary to public policy, taking into account the best interests of the child.

      Chapter IV – Recognition and Enforcement

      ARTICLE 23

      • 1 The measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States.

      • 2 Recognition may however be refused –

        • a if the measure was taken by an authority whose jurisdiction was not based on one of the grounds provided for in Chapter II;

        • b if the measure was taken, except in a case of urgency, in the context of a judicial or administrative proceeding, without the child having been provided the opportunity to be heard, in violation of fundamental principles of procedure of the requested State;

        • c on the request of any person claiming that the measure infringes his or her parental responsibility, if such measure was taken, except in a case of urgency, without such person having been given an opportunity to be heard;

        • d if such recognition is manifestly contrary to public policy of the requested State, taking into account the best interests of the child;

        • e if the measure is incompatible with a later measure taken in the non-Contracting State of the habitual residence of the child, where this later measure fulfils the requirements for recognition in the requested State;

        • f if the procedure provided in Article 33 has not been complied with.

      ARTICLE 24

      Without prejudice to Article 23, paragraph 1, any interested person may request from the competent authorities of a Contracting State that they decide on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.

      ARTICLE 25

      The authority of the requested State is bound by the findings of fact on which the authority of the State where the measure was taken based its jurisdiction.

      ARTICLE 26

      • 1 If measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.

      • 2 Each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.

      • 3 The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.

      ARTICLE 27

      Without prejudice to such review as is necessary in the application of the preceding Articles, there shall be no review of the merits of the measure taken.

      ARTICLE 28

      Measures taken in one Contracting State and declared enforceable, or registered for the purpose of enforcement, in another Contracting State shall be enforced in the latter State as if they had been taken by the authorities of that State. Enforcement takes place in accordance with the law of the requested State to the extent provided by such law, taking into consideration the best interests of the child.

      Chapter V – Co-operation

      ARTICLE 29

      • 1 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention on such authorities.

      • 2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.

      ARTICLE 30

      • 1 Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention.

      • 2 They shall, in connection with the application of the Convention, take appropriate steps to provide information as to the laws of, and services available in, their States relating to the protection of children.

      ARTICLE 31

      The Central Authority of a Contracting State, either directly or through public authorities or other bodies, shall take all appropriate steps to –

      • (a) faciliate the communications and offer the assistance provided for in Articles 8 and 9 and in this Chapter;

      • (b) facilitate, by mediation, conciliation or similar means, agreed solutions for the protection of the person or property of the child in situations to which the Convention applies;

      • (c) provide, on the request of a competent authority of another Contracting State, assistance in discovering the whereabouts of a child where it appears that the child may be present and in need of protection within the territory of the requested State.

      ARTICLE 32

      On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies,

      • a provide a report on the situation of the child;

      • b request the competent authority of its State to consider the need to take measures for the protection of the person or property of the child.

      ARTICLE 33

      • 1 If an authority having jurisdiction under Articles 5 to 10 contemplates the placement of the child in a foster family or institutional care, or the provision of care by kafala or an analogous institution, and if such placement or such provision of care is to take place in another Contracting State, it shall first consult with the Central Authority or other competent authority of the latter State. To that effect it shall transmit a report on the child together with the reasons for the proposed placement or provision of care.

      • 2 The decision on the placement or provision of care may be made in the requesting State only if the Central Authority or other competent authority of the requested State has consented to the placement or provision of care, taking into account the child’s best interests.

      ARTICLE 34

      • 1 Where a measure of protection is contemplated, the competent authorities under the Convention, if the situation of the child so requires, may request any authority of another Contracting State which has information relevant to the protection of the child to communicate such information.

      • 2 A Contracting State may declare that requests under paragraph 1 shall be communicated to its authorities only through its Central Authority.

      ARTICLE 35

      • 1 The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of measures of protection taken under this Convention, especially in securing the effective exercise of rights of access as well as of the right to maintain direct contacts on a regular basis.

      • 2 The authorities of a Contracting State in which the child does not habitually reside may, on the request of a parent residing in that State who is seeking to obtain or to maintain access to the child, gather information or evidence and may make a finding on the suitability of that parent to exercise access and on the conditions under which access is to be exercised. An authority exercising jurisdiction under Articles 5 to 10 to determine an application concerning access to the child, shall admit and consider such information, evidence and finding before reaching its decision.

      • 3 An authority having jurisdiction under Articles 5 to 10 to decide on access may adjourn a proceeding pending the outcome of a request made under paragraph 2, in particular, when it is considering an application to restrict or terminate access rights granted in the State of the child’s former habitual residence.

      • 4 Nothing in this Article shall prevent an authority having jurisdiction under Articles 5 to 10 from taking provisional measures pending the outcome of the request made under paragraph 2.

      ARTICLE 36

      In any case where the child is exposed to a serious danger, the competent authorities of the Contracting State where measures for the protection of the child have been taken or are under consideration, if they are informed that the child’s residence has changed to, or that the child is present in another State, shall inform the authorities of that other State about the danger involved and the measures taken or under consideration.

      ARTICLE 37

      An authority shall not request or transmit any information under this Chapter if to do so would, in its opinion, be likely to place the child’s person or property in danger, or constitute a serious threat to the liberty or life of a member of the child’s family.

      ARTICLE 38

      • 1 Without prejudice to the possibility of imposing reasonable charges for the provision of services, Central Authorities and other public authorities of Contracting States shall bear their own costs in applying the provisions of this Chapter.

      • 2 Any Contracting State may enter into agreements with one or more other Contracting States concerning the allocation of charges.

      ARTICLE 39

      Any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Chapter in their mutual relations. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

      Chapter VI – General Provisions

      ARTICLE 40

      • 1 The authorities of the Contracting State of the child’s habitual residence, or of the Contracting State where a measure of protection has been taken, may deliver to the person having parental responsibility or to the person entrusted with protection of the child’s person or property, at his or her request, a certificate indicating the capacity in which that person is entitled to act and the powers conferred upon him or her.

      • 2 The capacity and powers indicated in the certificate are presumed to be vested in that person, in the absence of proof to the contrary.

      • 3 Each Contracting State shall designate the authorities competent to draw up the certificate.

      ARTICLE 41

      Personal data gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

      ARTICLE 42

      The authorities to whom information is transmitted shall ensure its confidentiality, in accordance with the law of their State.

      ARTICLE 43

      All documents forwarded or delivered under this Convention shall be exempt from legalisation or any analogous formality.

      ARTICLE 44

      Each Contracting State may designate the authorities to which requests under Articles 8, 9 and 33 are to be addressed.

      ARTICLE 45

      • 1 The designations referred to in Articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on Private International Law.

      • 2 The declaration referred to in Article 34, paragraph 2, shall be made to the depositary of the Convention.

      ARTICLE 46

      A Contracting State in which different systems of law or sets of rules of law apply to the protection of the child and his or her property shall not be bound to apply the rules of the Convention to conflicts solely between such different systems or sets of rules of law.

      ARTICLE 47

      In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units –

      • 1 any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;

      • 2 any reference to the presence of the child in that State shall be construed as referring to presence in a territorial unit;

      • 3 any reference to the location of property of the child in that State shall be construed as referring to location of property of the child in a territorial unit;

      • 4 any reference to the State of which the child is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the child has the closest connection;

      • 5 any reference to the State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, shall be construed as referring to the territorial unit whose authorities are seised of such application;

      • 6 any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection;

      • 7 any reference to the State to which the child has been removed or in which he or she has been retained shall be construed as referring to the relevant territorial unit to which the child has been removed or in which he or she has been retained;

      • 8 any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit;

      • 9 any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure or authority of the territorial unit in which such measure was taken;

      • 10 any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure or authority of the territorial unit in which recognition or enforcement is sought.

      ARTICLE 48

      For the purpose of identifying the applicable law under Chapter III, in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Convention, the following rules apply –

      • a if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies;

      • b in the absence of such rules, the law of the relevant territorial unit as defined in Article 47 applies.

      ARTICLE 49

      For the purpose of identifying the applicable law under Chapter III, in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Convention, the following rules apply –

      • a if there are rules in force in such a State identifying which among such laws applies, that law applies;

      • b in the absence of such rules, the law of the system or the set of rules of law with which the child has the closest connection applies.

      ARTICLE 50

      This Convention shall not affect the application of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, as between Parties to both Conventions. Nothing, however, precludes provisions of this Convention from being invoked for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.

      ARTICLE 51

      In relations between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, and the Convention governing the guardianship of minors, signed at The Hague 12 June 1902, without prejudice to the recognition of measures taken under the Convention of 5 October 1961 mentioned above.

      ARTICLE 52

      • 1 This Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.

      • 2 This Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in respect of children habitually resident in any of the States Parties to such agreements, provisions on matters governed by this Convention.

      • 3 Agreements to be concluded by one or more Contracting States on matters within the scope of this Convention do not affect, in the relationship of such States with other Contracting States, the application of the provisions of this Convention.

      • 4 The preceding paragraphs also apply to uniform laws based on special ties of a regional or other nature between the States concerned.

      ARTICLE 53

      • 1 The Convention shall apply to measures only if they are taken in a State after the Convention has entered into force for that State.

      • 2 The Convention shall apply to the recognition and enforcement of measures taken after its entry into force as between the State where the measures have been taken and the requested State.

      ARTICLE 54

      • 1 Any communication sent to the Central Authority or to another authority of a Contracting State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the other State or, where that is not feasible, a translation into French or English.

      • 2 However, a Contracting State may, by making a reservation in accordance with Article 60, object to the use of either French or English, but not both.

      ARTICLE 55

      • 1 A Contracting State may, in accordance with Article 60,

        • a reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;

        • b reserve the right not to recognize any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.

      • 2 The reservation may be restricted to certain categories of property.

      ARTICLE 56

      The Secretary General of the Hague Conference on Private International Law shall at regular intervals convoke a Special Commission in order to review the practical operation of the Convention.

      Chapter VII – Final Clauses

      ARTICLE 57

      • 1 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Eighteenth Session.

      • 2 It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

      ARTICLE 58

      • 1 Any other State may accede to the Convention after it has entered into force in accordance with Article 61, paragraph 1.

      • 2 The instrument of accession shall be deposited with the depositary.

      • 3 Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 63. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

      ARTICLE 59

      • 1 If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that the Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

      • 2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

      • 3 If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.

      ARTICLE 60

      • 1 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 59, make one or both of the reservations provided for in Articles 54, paragraph 2, and 55. No other reservation shall be permitted.

      • 2 Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the depositary.

      • 3 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in preceding paragraph.

      ARTICLE 61

      • 1 The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 57.

      • 2 Thereafter the Convention shall enter into force –

        • a for each State ratifying, accepting or approving it subsequently, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

        • b for each State acceding, on the first day of the month following the expiration of three months after the expiration of the period of six months provided in Article 58, paragraph 3;

        • c for a territorial unit to which the Convention has been extended in conformity with Article 59, on the first day of the month following the expiration of three months after the notification referred to in that Article.

      ARTICLE 62

      • 1 A State Party to the Convention may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.

      • 2 The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period.

      ARTICLE 63

      The depositary shall notify the States Members of the Hague Conference on Private International Law and the States which have acceded in accordance with Article 58 of the following –

      • a the signatures, ratifications, acceptances and approvals referred to in Article 57;

      • b the accessions and objections raised to accessions referred to in Article 58;

      • c the date on which the Convention enters into force in accordance with Article 61;

      • d the declarations referred to in Articles 34, paragraph 2, and 59;

      • e the agreements referred to in Article 39;

      • f the reservations referred to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2;

      • g the denunciations referred to in Article 62.

      IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention.

      DONE at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session.

      Certified true copy of the original

      The Director of Treaties of the Ministry of Foreign Affairs of the Kingdom of the Netherlands
  • — 2019, c. 16, s. 40

    • 40 The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 1”.

  • — 2019, c. 16, s. 41

    • 41 The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 2”.

  • — 2019, c. 16, s. 125

    • Divorce Act — Sections 30 and 31
      • 125 (1) If section 31 comes into force before section 30,

        • (a) sections 37 to 41 are deemed never to have come into force and are repealed;

        • (b) the Divorce Act is amended by adding, after section 36, the schedule set out in Schedule 2 to this Act; and

        • (c) section 36 is replaced by the following:

            • 36 (1) The schedule set out in Schedule 1 to this Act is renumbered as Schedule 2.

            • (2) The schedule to the Act is renumbered as Schedule 1.

            • (3) The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act.

            • (4) The reference to “the schedule” in the definition 2007 Convention in section 28 of the Act is replaced by a reference to “Schedule 2”.

            • (5) The reference to “the schedule” in the definition 1996 Convention in section 30 of the Act is replaced by a reference to “Schedule 1”.

      • (2) If sections 30 and 31 come into force on the same day, then that section 30 is deemed to have come into force before that section 31.

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