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Legal Ease
Legal Ease, Lawyer
Category: Canada Tax
Satisfied Customers: 103946
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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My ex wife who resides in Vancouver with my three children

Customer Question

Hi, my ex wife who resides in Vancouver with my three children for 11 years, (children are aged 22, 20 & 17) obtained an ISO provisional court order from Vancouver in 2014 for child support and retroactive payments dating back to our divorce in 2006, when she lived in the U.K. The ISO was sent to the UK and I attended court to give evidence and present my financial disclosure. We were advised to send a form to Vancouver court requesting the ISO be set aside, as it was gained without any evidence or disclosure made by myself. Over the past 18 months, various documents have gone backwards and forwards, and having secured a Vancouver lawyer two months ago, they advised that the process had been incorrect on both sides and the issue had to be sent back to the UK court for a disclosure hearing, as we had never been given my ex wife's disclosure documents in the U.K. When a hearing was then held in Vancouver in April 2017, we were told that because we had sent a request for the ISO to be set aside, we had somehow and totally unwittingly accepted that the case was now under the full jurisdiction of Vancouver and therefore, Canadian law. The Vancouver court then subsequently ordered a trial date in Canada and ordered me to commence immediate payments of $500 CAD monthly, without any disclosure evidence from me. At the time of separation, my ex wife and I sat down amicably and chatted through the issues and agree that I would allow her to take £53k of a family investment payout and that we would pay half the airfares to the uk for visitation and all other assets would be divided. My question is; how do I now find myself under Vancouver law and not ISO law because I sent an incorrect form requesting the provisional court order made in Vancouver to be set aside - which has never been acknowledged by the court in Vancouver and how have I been ordered to pay a monthly fee to my ex when they have no evidence of ability to pay or that matters between my ex and I and the lump sum payment being taken into account? Is there any redress with either ISO or the two court jurisdictions involved? Thank you.
Submitted: 1 year ago.
Category: Canada Tax
Expert:  Legal Ease replied 1 year ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 year ago.

By arguing before the Court in Vancouver about the substantive issue you attorned to the jurisdiction of the court.

The only thing you could have done with that court is to take the position that the court did not have jurisdiction.

But actually if the children live in Vancouver now and this is their habitual place of residence the Vancouver court does have jurisdiction over them and so does have jurisdiction over child support.

So even if you had not made this error the court would still have jurisdiction and the court in the UK should not agree to take jurisdiction any more.

At the same time that should not matter as you certainly have the right to a full hearing after financial disclosure on both your parts and then the order will be made.

And the order will be based on the Federal Child Support Guidelines and on your income so there will not be any uncertainty as to what you need to pay going forward.

You can use this online support calculator to work out what you will have to pay:

Does that help clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
Thank you for your response, I understand, but this was an ISO provisional order, unenforceable without agreement from the interjuristional court, which was in the U.K. The U.K. Court did not accept the order and asked for more information from Vancouver, including a response to the request to set it aside. Why was the UK court ignored and regardless as the the fact the children reside in Canada - my ex opted for the interjuristictional support order. She had the opportunity to take me to court in Vancouver in 2009, but decided not to. She then applied for the ISO in 2014. If it's an inter jurisdictional provisional order, why have the UK courts been completely overlooked and an order made by the Vancouver court without any financial disclosure on my part? They have guessed my income and completely ignored I paid a lump sum to my ex at the time of separation.
Expert:  Legal Ease replied 1 year ago.

I cannot know for sure.

But I assume that she decided to go to the Court in Vancouver for some reason and the court agreed to make the order because the kids live in Vancouver and because the law about child support is clear. There is no discretion.

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