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Divorce Act

Version of section 6 from 2021-03-01 to 2024-05-14:


Marginal note:Transfer of proceeding if parenting order applied for

  •  (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  • (3) [Repealed, 2019, c. 16, s. 5]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

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