- A BC court must recognize an order made outside the province only if the issuing tribunal had jurisdiction under BC's rules, the parties had notice and a chance to be heard, the child's best interests were considered, and recognition is not contrary to BC public policy.
- A recognized order has the same effect as a BC order and can be enforced as if it were made under s. 45 of the Family Law Act.
- A BC court can make its own parenting order in limited situations, and it may decline to do so if another place is more appropriate.
You may have moved to British Columbia with a parenting order from another province or country. Or the other parent may hold such an order and be relying on it here. Either way, you probably want to know whether a BC court will honour it and what happens if the situation has changed.
The answer depends on how the order was made and where the child lives now. This article explains, in general terms, how the Family Law Act treats outside orders, when a BC court can make its own order, and what happens if a child has been wrongfully brought to or kept in BC.
This article covers the law of British Columbia.
When a BC court must recognize an outside order
An order made by a court or tribunal outside BC is called an extraprovincial order. Under section 75 of the Family Law Act, a BC court must recognize one if certain conditions are all met.
- The tribunal that made the order would have had jurisdiction under BC's own rules.
- The parties had reasonable notice and a chance to be heard.
- The tribunal was required to consider the child's best interests.
- Recognizing the order is not contrary to BC public policy.
If you are unsure whether an older order meets these tests, a lawyer can review how it was made.
What recognition means in practice
A recognized order has the same effect as a BC order and may be enforced as if it had been made under s. 45 of the Family Law Act. In everyday terms, you can ask a BC court to enforce it rather than starting over.
Recognition is not always the end of the story. If recognized extraprovincial orders conflict, the BC court recognizes the one most consistent with the child's best interests. A recognized order can also be superseded where a change in circumstances affects, or is likely to affect, the child's best interests.
When a BC court can make its own parenting order
A BC court may make a parenting order only in particular situations. These are the main routes.
| Situation | What the court looks at |
|---|---|
| Child is habitually resident in BC | The child must be habitually resident in BC when the application is filed. |
| Child is not habitually resident in BC | The court must be satisfied of listed conditions, including physical presence, a real and substantial connection to BC, and BC being the more convenient forum. |
| Serious harm | The child is physically present in BC and would suffer serious harm if left with, returned to, or removed from the guardian. |
Even when one of these applies, the court may decline jurisdiction if another place is more appropriate.
If a child was wrongfully removed to or kept in BC
Where a child has been wrongfully removed to or retained in BC, the court may make interim orders in the child's best interests, stay the proceeding on conditions, or order a party to return the child to a suitable place and pay reasonable travel and other expenses.
For international cases, BC's Attorney General is the Central Authority under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, and the Convention has the force of law in BC. It applies only to children under 16 and only between countries that are both parties. It decides where the custody case is heard, not custody itself.
What to do next
- Gather every order, agreement and court document from the other province or country.
- Note when and where the order was made and whether both parents took part.
- Write down what has changed for the child since the order was made.
- Do not move the child or withhold the child without understanding the consequences; get legal advice first.
- If the case involves another country, contact the BC Central Authority and speak to a family lawyer promptly.
Because recognition, jurisdiction and change of circumstances depend on the facts, a family lawyer can confirm how these rules apply to your order.
Frequently asked questions
Does BC automatically enforce a parenting order from another province?
Not automatically. A BC court must recognize it if the conditions in section 75 are met, including jurisdiction, notice, consideration of best interests and no conflict with BC public policy. Once recognized, it can be enforced as if made under s. 45.
What if two outside orders conflict?
The BC court recognizes the order most consistent with the child's best interests.
Can a recognized order be changed?
It can be superseded where a change in circumstances affects, or is likely to affect, the child's best interests.
Can a BC court refuse to hear a case even if the child is in BC?
Yes. The court may decline jurisdiction if another place is more appropriate.
Sources
- Family Law Act, s. 74(2) — bclaws.gov.bc.ca
- BC Government, International child abduction FAQ (updated Aug 19, 2025) — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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