MacLean Law has won a number of recent cases in this area and our lawyers are at the cutting edge of strategies involving both Hague and non-Hague interjurisdictional child custody and parenting disputes. Lorne MacLean, KC is one of a handful of Canadian fellows of the prestigious International Academy of Family Lawyers (IAFL) and Fraser MacLean was just named Top 25 Most Influential Canadian Lawyers.
The British Columbia Family Law Act (BC FLA) governs the recognition and enforcement of foreign child custody orders, referred to as “extraprovincial orders” (Mei v Li, 2019 BCSC 2121 (CanLII), [para 25]; S.S.C.M. v A.C.W, 2025 BCSC 1331 (CanLII), [para 104]). Under section 75(1), a BC court must recognize an extraprovincial order if four conditions are met: the foreign tribunal had jurisdiction under BC rules, each party had reasonable notice and opportunity to be heard, the tribunal was required to consider the child’s best interests, and recognition would not be contrary to BC public policy (Mei v Li, [para 25]; Jamali v Gillani, 2021 BCSC 2134 (CanLII), [para 51]).
Foreign Child Custody Orders: Grounds for Refusal
Recognition may be refused if, for instance, a party lacked notice or the foreign court did not consider the child’s best interests (Mei v Li, [para 27]). It is also refused if it violates BC public policy, which relates to fundamental principles of BC family law. This includes situations where mandatory factors, such as the child’s views or considerations of family violence, were ignored by the foreign court (S.S.C.M. v A.C.W, 2024 BCSC 1694 (CanLII), [para 12], [para 58], [para 72]).
Supersession and Enforcement in BC
Even if recognized, an extraprovincial order can be “superseded” under section 76(1) if the child is habitually resident in BC and there is a material change in circumstances affecting the child’s best interests, or if the child would suffer serious harm (Cao v Chen, 2020 BCSC 735 (CanLII), [para 76]; S.S.C.M. v A.C.W, [para 11]; S.S.C.M. v A.C.W, [para 59]). A material change implies that the original order might have been different had the current, unanticipated circumstances prevailed (S.S.C.M. v A.C.W, [para 126]). Section 77 allows BC courts to order the return of a child wrongfully removed or retained (Kong v. Song, 2019 BCCA 84 (CanLII), [para 42]).
Interplay with the Hague Convention on Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction has the force of law in BC under section 80 of the FLA (Zahariev v. Zaharieva, 2025 BCCA 35 (CanLII), [para 19]). Orders made under the Hague Convention are distinct and are not considered “extraprovincial orders” under FLA section 75, as they possess their own international legal force (S.S.C.M. v A.C.W, [para 105], [para 106]). Habitual residence is a central determinant for Hague Convention applications (Laranjeira e Silva v. Virco, 2024 BCCA 164 (CanLII), [para 27]; Gill v. Gill, 2024 BCCA 140 (CanLII), [para 21]).
The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty created to protect children from the serious harm caused by wrongful international removal or retention. The Convention establishes a legal framework to ensure the prompt return of children to their country of habitual residence and to protect the custody and access rights of parents across international borders.
Learn more about your rights and the legal process under the Hague Convention
The MacLean Law Difference for Foreign Child Custody Orders in British Columbia – (604) 602-9000
When parents relocate or separate across international borders, enforcing or challenging foreign child custody orders in British Columbia requires deep experience with cross-border family law, jurisdiction disputes, and international treaties.
MacLean Law has built a reputation for handling complex and precedent-setting family law cases, including cases involving international parenting disputes, urgent return applications, and the enforcement of foreign court orders. Our lawyers have successfully obtained powerful court remedies where necessary, including Mareva injunctions to freeze worldwide assets and Anton Piller orders to locate and preserve concealed property—tools that can be critical in international disputes where assets or children may be moved across jurisdictions.
MacLean Law brings decades of focused family law experience to high-stakes cross-border matters. Our collaborative team approach combines expertise in family law, international legal frameworks, and financial issues so we can effectively address the legal risks that arise when foreign custody orders must be recognized, enforced, or contested in British Columbia courts.
Our objective is clear: to protect your parental rights and your child’s stability while navigating the complexities of international family law. We provide strategic advocacy and practical guidance to resolve issues involving international parenting arrangements, jurisdiction disputes, and enforcement proceedings.
Lorne MacLean, KC, has been recognized as one of Canada’s Top 25 Most Influential Lawyers by Canadian Lawyer. He has also been named among the top divorce lawyers in the Vancouver region, received Consumer Choice Awards for Best Family Lawyers, and was selected as a Fellow of the Litigation Counsel of America for his work in complex and high-net-worth family law matters. Fraser MacLean was honoured by Canadian Lawyer as one of the Top 25 Most Influential Lawyers in Canada in 2025, and was lead counsel in the landmark decision pertaining to costs and the harm of artificial intelligence (AI), the first case in Canada of its nature.
MacLean Law – Authors for the Prestigious Chambers and Partners Global Family Law Guide For Canada
Lorne MacLean KC, Fraser MacLean, Sophie Bartholomew and Rana Yavari were selected to co-author the prestigious Chambers and Partners Family Law Global Practice Guide for Canada. Published by Chambers and Partners, the guide is a leading international resource used by lawyers, judges, academics, and families seeking authoritative insight into family law across major jurisdictions.
Our selection reflects the team’s recognized expertise in complex family law matters, including cross-border disputes, high-value property division, and international parenting issues. The guide provides detailed analysis of Canada’s legal framework governing divorce, parenting arrangements, child and spousal support, and the division of family property, while also addressing jurisdictional challenges that arise when families and assets span multiple countries. Read more at Chambers and Partners Family Law Guide.
Through comprehensive legal services, innovative litigation strategies, and a commitment to responsive client support, MacLean Law helps families navigate some of the most challenging international custody and parenting disputes. Protecting your interests—and the wellbeing of your children—remains our highest priority. Request a consultation with MacLean Family Law today.
