Can a foreign custody order be enforced directly in Ontario, or does it need to be recognized first?
A foreign custody or parenting order generally isn't automatically enforceable in Ontario the moment it's made elsewhere — Ontario's Children's Law Reform Act sets out a process for recognizing extra-provincial and foreign orders dealing with decision-making responsibility, parenting time, and contact, and an Ontario court typically needs to go through that recognition process before the order is treated as enforceable here in the same way as an Ontario-made order. Once recognized, the order is generally given effect and enforced similarly to a domestic order, including through the usual enforcement tools available for parenting orders.
Ontario courts generally aim to respect and recognize orders made by a court that had proper jurisdiction over the child, rather than starting from scratch, but there are limited circumstances where an Ontario court can decline recognition — for example, where enforcement would not be in the child's best interests, or where proper notice wasn't given in the original proceeding. Anyone seeking to enforce a foreign order in Ontario should get legal advice on the recognition process before assuming the order is automatically effective here.
Key takeaways
- Foreign custody or parenting orders generally require a recognition process before Ontario treats them as enforceable.
- The Children's Law Reform Act governs recognition of extra-provincial and foreign parenting orders.
- Once recognized, an order is generally enforced the same way as an Ontario-made order.
- Get legal advice on the recognition process before assuming a foreign order is automatically effective here.