Marginal note: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.
Marginal note: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.
(3) [Repealed, 2019, c. 16, s. 5]
Marginal note:Exclusive jurisdiction
(4) Notwithstanding sections 3 to 5, a court in a province to which a proceeding is transferred under this section has exclusive jurisdiction to hear and determine the proceeding.
- R.S., 1985, c. 3 (2nd Supp.), s. 6
- 2019, c. 16, s. 5
- Date modified: