- A parenting order does not enforce itself outside BC, so the rules of the place where the child is located matter a great deal.
- For a child taken to another country, BC's Attorney General is the Central Authority under the Hague Convention, which applies only to children under 16 and only between countries that are both parties.
- Support orders follow a separate route through the Interjurisdictional Support Orders Act.
You have a parenting order from a British Columbia court, but your child and the other parent are now somewhere else. You may be wondering whether the order still works, and who can help you enforce it.
The honest answer is that it depends on where they are and what has happened. This article explains the BC side of the picture and the main routes for other provinces and other countries. A lawyer can confirm the rules that apply in the other place.
This article covers the law of British Columbia.
Why location changes everything
A BC court may make a parenting order only if the child is habitually resident in BC when the application is filed, or, if not, if the court is satisfied of listed conditions such as physical presence, a real and substantial connection to BC, and BC being the more convenient forum. A BC court may also act if the child is physically present in BC and would suffer serious harm if left with, returned to, or removed from the guardian. The court may decline jurisdiction if another place is more appropriate.
This matters for enforcement. If your child has moved, the other place may have its own view about which court should decide. Raising the issue early with a lawyer helps you avoid losing time.
If your ex is denying parenting time
A guardian can seek a court order for parenting time or contact enforcement if denied. An application about wrongful denial of parenting time must be made within 12 months after the denial. Denying parenting time is not wrongful where the guardian reasonably believed the child might suffer family violence. Do not let the 12-month period run without getting advice.
Another province: how recognition generally works
How another province treats your BC order depends on that province's own rules, so it is worth confirming with a lawyer there. BC's approach to outside orders shows the kinds of questions courts ask. A BC court must recognize an extraprovincial order if the issuing tribunal would have had jurisdiction under BC's rules, the parties had reasonable notice and a chance to be heard, the tribunal had to consider the child's best interests, and recognition is not contrary to BC public policy. A recognized order has the same effect and may be enforced as if made under section 45 of the Family Law Act.
If recognized 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. Expect that the other province may look at similar points, and ask a lawyer there to confirm.
Another country: the Hague Convention
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. You must have had and exercised rights of custody before the removal or retention, and a court order is not required to show this. It decides where the custody case is heard, not custody itself.
To seek a return from abroad, you contact the BC central authority, which supplies the application form and sends it with supporting documents, such as a birth certificate, to the central authority abroad. Foreign counsel then starts the court case there, and evidence is usually by sworn affidavit.
- A court need not order return if you consented or acquiesced.
- Or if there is a grave risk of harm or an intolerable situation.
- Or if the child objects and is old and mature enough for their views to count.
- Or if you waited over one year and the child has settled in the new environment.
The Convention came into force in Canada on December 1, 1983, and applications are more likely to succeed if filed within one year of the removal or retention, though returns are sometimes ordered later.
Support orders and next steps
Child support follows a different path. If there is no existing support order and the respondent lives in a reciprocating jurisdiction, a claimant in BC may start the process by submitting the application to the designated authority in BC. Where an order already exists, the registration and variation routes apply instead. An out-of-province or foreign support order sent to the BC designated authority must be registered by the BC court, and it can then be enforced for past arrears and future payments. BC says you can apply in BC without going to the other jurisdiction.
The BC Family Maintenance Agency can help even if the payor lives outside BC, if the support order or agreement is enrolled. Where BC has an arrangement with the payor's location, that jurisdiction can take collection action on the Agency's behalf, but the Agency cannot tell another program what action to take or when. Where BC has no such arrangement, the Agency can take collection action only if the payor has income or assets remaining in Canada, or a Canadian passport or marine or aviation licence.
- Gather your order, any agreement, and proof of where your child is living.
- Note dates of removal or denied parenting time.
- Gather the child's birth certificate and ID documents.
- Contact the BC central authority if your child may be abroad.
- Get legal advice quickly, since some time limits are short.
Frequently asked questions
Does a BC parenting order automatically apply in another province?
Not automatically. Each place has its own rules for recognizing outside orders, so a lawyer in that place should confirm the steps. BC's own test for recognizing outside orders looks at jurisdiction, notice, best interests and public policy.
What is the Hague Convention and does it apply to my child?
It is an international agreement on child abduction. 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.
Is there a deadline to apply for my child's return from abroad?
Applications are more likely to succeed if filed within one year of the removal or retention, though returns are sometimes ordered later. After one year, a court may also consider whether the child has settled in the new environment.
Can I enforce child support if my ex lives outside BC?
It may be possible, but it depends on the situation. A support order from elsewhere can be registered through the BC designated authority. The BC Family Maintenance Agency can help if the order or agreement is enrolled, but what it can do depends on whether BC has an arrangement with the payor's location. A lawyer can confirm which route fits your situation.
Sources
- Family Law Act, s. 61(1)(b) — bclaws.gov.bc.ca
- BC Government, International child abduction FAQ (updated Aug 19, 2025) — www2.gov.bc.ca
- Interjurisdictional Support Orders Act, SBC 2002, c 29, ss. 1, 4–6 — bclaws.gov.bc.ca
- BC Government, Interjurisdictional Support Orders — www2.gov.bc.ca
- BC Government, BCFMA – one of us lives outside BC — 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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