Our International Hague Child Support Family Lawyers handle cases involving wealthy high net worth families around the world. How do I enforce or vary a child support order from a foreign court outside Canada? : is a question our highly ranked international family child support lawyers get asked a lot. Our ultra high net worth family law practice means we routinely deal with clients and their ex-spouses who have large incomes and family property spread across the Globe. In today’s blog our founder, Lorne MacLean KC, a member of the invitation only International Academy of Family Lawyers explains some recent changes to make enforcement and variation easier and hopefully cheaper.
See our record award case in an international family law case that made headlines here.
How do I enforce or vary a child support order from a foreign court outside Canada? Tel: 604 602 9000
ML’s International Hague Child Support Family Lawyers explain know that British Columbia implemented the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance as of March 1, 2024, and its application has been reflected in recent legal commentary and court activity. For example:
- The Interjurisdictional Support Orders Act in British Columbia incorporates the Hague Convention, and recent legal updates confirm that British Columbia courts are applying the Convention’s procedures for international child support matters. The law requires courts to consider evidence and documents from reciprocating jurisdictions and to apply the law of British Columbia or the law of the jurisdiction where the child habitually resides, depending on the circumstances.
- Legal commentary from 2025 notes that British Columbia’s early adoption of the Convention has led to more efficient and predictable outcomes in cross-border child support cases. Practitioners and courts are increasingly relying on the Convention’s standardized procedures to resolve international support disputes.
- we expect to see more reported cases on implementation of this new initiative in the near future.
- the hope is enforcement and variation will be faster, more efficient and less costly.
International Hague Family Child Support lawyers Tel: 604 602 9000
The CLE Family Practice Manual states:
In March 2024, both the Divorce Act (February 1, 2024) and the ISOA (March 1, 2024) were amended to bring the 2007 Convention into effect. The effect of these amendments is that both statutes now provide for recognition and enforcement of decisions and maintenance arrangements under the 2007 Convention, including decisions and arrangements that have the effect of varying a child support order or both a child support order and a spousal support order.
Parties may also apply to vary a child support order (or “decision” under the 2007 Convention) via the provisions of the Divorce Act and ISOA that implement the 2007 Convention, where a contracting state is involved. See Divorce Act, ss. 28.5 and 29.1 and ISOA, s. 2.06(2)(c) and (4) and Parts 1.1. and 4.
Our seasoned and successful International Hague Child Support Family Lawyers can help you. Tel: 604 602 9000
