Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Support where Party Out of Ontario —
How Do You Apply For Support from Someone Outside of Ontario? This law applies if the other party resides in a "reciprocating jurisdiction" - another province / territory in Canada or one of the countries who have signed on to the treaty. It is used to make:
A person in the other jurisdiction can also use this process in situations when you live in Ontario. The ISO Act also means that orders from a reciprocating jurisdiction are enforced in Ontario. The Family Responsibility Office ("FRO") [see the article] enforces these orders in the same why they enforce Ontario orders. What is the ISO Process? After completion and signing before a notary, the forms are sent to a "Central Authority" in Ontario. The Central Authority sends the documents to the Central Authority in the other jurisdiction. That Central Authority sends the documents to the court in the area the other party reside. The court in the other party's location makes the decision based on the papers sent to them and any responding documents from the other party. For some countries, a "provisional" order must be made in Ontario and "confirmed" in the other jurisdiction. Quebec, who still is in the process of implementing the ISO arrangements, has special rules. Which Laws Apply? Can You Proceed in an Ontario Court Instead? However if the other party is not in a reciprocating jurisdiction, the ISO Act does not apply and you have some options:
This likely requires legal advice from a lawyer practicing in the other jurisdiction to learn how they deal with support and foreign support orders. What Can Be Done if the Other Jurisdiction Will Not Enforce? Even if the other jurisdiction will not enforce a support order made in Ontario, you may be able to apply pressure on a payor from Canada. For example, if the payor:
Do You Need A Lawyer? You may be able to complete the ISO forms yourself (especially if the case is simple). However, it can be tricky because:
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