Marginal note: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.
(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,
Marginal note: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”.
Marginal note: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.
Marginal note:Exceptional circumstances
(2) In determining whether there are exceptional circumstances, the court shall consider all relevant factors, including
Marginal note:Exercise of jurisdiction by judge
7 The jurisdiction conferred on a court by this Act to grant a divorce shall be exercised only by a judge of the court without a jury.
Parties to a Proceeding
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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.
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.
Marginal note: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
(c) to inform the person of the parties’ duties under this Act.
(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.
Marginal note:Purpose of section
Marginal note: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).
Marginal note: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.
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