GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4
An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise the health, safety or liberty of a person in accordance with Article 40.
Divorce Act — D-3.4 □
□ A determination of non-disclosure has been made by a Central Authority in accordance with Article 40.
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Transitional: proceedings 11 Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality.
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Application of amendments 3 Subsection 2(4) and section 21.1 of the Divorce Act , as enacted by this Act, apply in respect of proceedings commenced under the Divorce Act either before or after the coming into force of this Act.
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Transitional 19 (1) Sections 4 and 17.1 and subsection 18(2) of the Divorce Act , as enacted by sections 1, 2 and 3, respectively, of this Act, apply only to corollary relief proceedings commenced under the Divorce Act after the coming into force of those sections. Idem (2) Subsections 19(2) and (7) of the Divorce Act , as enacted by section 4 of this Act, apply to corollary relief proceedings commenced under the Divorce Act before or after the coming into force of that section.
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Transitional — proceedings 10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
Divorce Act — D-3.4 1
1 (5) The definition spouse in subsection 2(1) of the Act is replaced by the following: spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01, 25.1 and 30.7, a former spouse; ( époux )
Divorce Act — D-3.4
spouse includes, in subsection 6(1) and sections 15.1 to 16.96, 21.1, 25.01, 25.1 and 30.7, a former spouse; ( époux )
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7 Subsection 6.3(1) of the Act is replaced by the following: Child habitually resident outside Canada 6.3 (1) Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
Divorce Act — D-3.4 6.3
Child habitually resident outside Canada 6.3 (1) Subject to sections 30 to 31.3, if a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province.
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20 The portion of subsection 22.1(1) of the Act before paragraph (a) is replaced by the following: Recognition of foreign order that varies parenting or contact order 22.1 (1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
Divorce Act — D-3.4 22.1
Recognition of foreign order that varies parenting or contact order 22.1 (1) Subject to sections 30 to 31.3, on application by an interested person, a court in a province that has a sufficient connection with the matter shall recognize a decision made by a competent authority that has the effect of varying, rescinding or suspending a parenting order or contact order, unless
Divorce Act — D-3.4 30
Definitions 30 The following definitions apply in this section and in sections 30.1 to 31.3. 1996 Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996, set out in the schedule. ( Convention de 1996 ) State Party means a State other than Canada in which the 1996 Convention applies. ( État partie )
Divorce Act — D-3.4
1996 Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996, set out in the schedule. ( Convention de 1996 )
Divorce Act — D-3.4
State Party means a State other than Canada in which the 1996 Convention applies. ( État partie )
Divorce Act — D-3.4 30.1
Force of law 30.1 (1) The provisions of the 1996 Convention have the force of law in Canada in so far as they relate to subjects that fall within the legislative competence of Parliament. Inconsistency (2) The 1996 Convention prevails over this Act and any other federal law to the extent of any inconsistency between them.
Divorce Act — D-3.4 30.2
Explanatory Report 30.2 In interpreting the 1996 Convention, recourse may be had to the Explanatory Report on the 1996 Hague Child Protection Convention, adopted by the Eighteenth Session of the Hague Conference on Private International Law that was held from September 30 to October 19, 1996.
Divorce Act — D-3.4 30.3
Application 30.3 Sections 30.4 to 31.3 only apply in a province if (a) Canada has made a declaration extending the application of the 1996 Convention to that province; and (b) the child of the marriage concerned is under 18 years of age.
Divorce Act — D-3.4 30.4
Child habitually resident in State Party 30.4 If a child concerned is habitually resident in a State Party, a court in a province does not have jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order, except in the circumstances set out in section 30.6, 30.7, 30.9 or 31.
Divorce Act — D-3.4 30.5
Wrongful removal or retention 30.5 In the case of a wrongful removal or retention, as defined in Article 7(2) of the 1996 Convention, a court in a province has jurisdiction to hear and determine an application for a parenting order, a contact order or a variation order in respect of such orders only if the child has become habitually resident in that province and the conditions set out in subparagraphs 7(1)(a) or (b) of that Convention have been met.
Divorce Act — D-3.4 30.6
Child present in province 30.6 If one or more of the circumstances set out in Article 6 of the 1996 Convention exist and the child is present in a province, a court in that province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act has jurisdiction to hear and determine an application in respect of the child for a parenting order, a contact order or a variation order in respect of either such order.
Divorce Act — D-3.4 30.7
Divorce proceeding — child habitually resident in State Party 30.7 (1) For the purposes of Article 10 of the 1996 Convention, if the child is habitually resident in a State Party, a court in a province that would otherwise have jurisdiction under section 3 of this Act has jurisdiction to make a parenting order or contact order in respect of the child if (a) at least one of the spouses has parental responsibility in respect of the child; (b) the spouses and any other person who has parental responsibility accept the jurisdiction of the court; and (c) the court is satisfied that it is in the best interests of the child to exercise jurisdiction. Definition of parental responsibility (2) For the purposes of subsection (1), parental responsibility has the same meaning as in Article 1(2) of the 1996 Convention.
Divorce Act — D-3.4 30.8
State Party better placed to assess child’s best interests 30.8 For the purposes of Articles 8 and 9 of the 1996 Convention, a court in the province in which a child is habitually resident that would otherwise have jurisdiction under any of sections 3 to 6 of this Act, or that has jurisdiction under section 30.6 of this Act, may decline to exercise jurisdiction to make, in respect of the child, a parenting order, a contact order or a variation order in respect of such an order if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the court and the competent authority of a State Party that the latter will have jurisdiction.
Divorce Act — D-3.4 30.9
Canadian court better placed to assess child’s best interests 30.9 For the purposes of Articles 8 and 9 of the 1996 Convention, only the court in a province that would otherwise have jurisdiction under any of sections 3 to 5 of this Act may exercise jurisdiction to make a parenting order, a contact order or a variation order in respect of such orders if the conditions of Article 8 or 9, as the case may be, are fulfilled and there is agreement between the competent authority of a State Party and the court that the latter will have jurisdiction.
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Urgent cases 31 For the purposes of Article 11 of the 1996 Convention, a court in a province that does not have jurisdiction under sections 30.4 to 30.9 of this Act but that would otherwise have jurisdiction under any of sections 3 to 5 of this Act, may, in urgent cases, make a parenting order, a contact order or a variation order in respect of either such order if the child who would be the subject of the order is present in that province.
Divorce Act — D-3.4 31.1
Recognition by operation of law 31.1 (1) For the purposes of Article 23 of the 1996 Convention, a measure taken by a competent authority of a State Party is a measure that has the effect of varying, rescinding or suspending a parenting order or contact order. Measure taken deemed to be variation order (2) A measure taken by a competent authority of a State Party that is recognized by operation of law under Article 23(1) of the 1996 Convention is deemed to be an order made under section 17 of this Act. Extent of validity (3) Despite subsection 20(2), the measure referred to in subsection (2) is valid only in any province to which the 1996 Convention applies.
Divorce Act — D-3.4 31.2
Jurisdiction respecting recognition 31.2 (1) For the purposes of Article 24 of the 1996 Convention and on application by an interested person, a court in a province has jurisdiction to decide on the recognition of a measure referred to in section 31.1 of this Act if there is a sufficient connection between the matter and the province. Effect of recognition (2) The court’s decision recognizing the measure is deemed to be an order made under section 17 and has legal effect throughout Canada. Effect of non-recognition (3) The court’s decision refusing to recognize the measure has legal effect throughout Canada.
Divorce Act — D-3.4 31.3
Enforcement 31.3 For the purposes of Article 26 of the 1996 Convention, a measure taken by a competent authority of a State Party that is enforceable in that State Party and that is to be enforced in a province may, on application by an interested person, (a) be declared to be enforceable by a court in the province and enforced in that province as an order of that court; or (b) be registered for the purposes of enforcement in the court in that province and enforced in that province as an order of that court.
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37 The schedule to the Act is renumbered as Schedule 1.
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le 39; f the reservations referred to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in Article 60, paragraph 2; g the denunciations referred to in Article 62. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention. DONE at The Hague, on the 19th day of October 1996, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Eighteenth Session. Certified true copy of the original The Director of Treaties of the Ministry of Foreign Affairs of the Kingdom of the Netherlands
Divorce Act — D-3.4
Considering the need to improve the protection of children in international situations,
Divorce Act — D-3.4
Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of children,
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Recalling the importance of international co-operation for the protection of children,
Divorce Act — D-3.4
Confirming that the best interests of the child are to be a primary consideration,
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Noting that the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors is in need of revision,
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Desiring to establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the Child of 20 November 1989,
Divorce Act — D-3.4
Have agreed on the following provisions —
Divorce Act — D-3.4 1
1 The objects of the present Convention are – a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child; b to determine which law is to be applied by such authorities in exercising their jurisdiction; c to determine the law applicable to parental responsibility; d to provide for the recognition and enforcement of such measures of protection in all Contracting States; e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.
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a to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;
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b to determine which law is to be applied by such authorities in exercising their jurisdiction;
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c to determine the law applicable to parental responsibility;
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d to provide for the recognition and enforcement of such measures of protection in all Contracting States;
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e to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.
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2 For the purposes of this Convention, the term “parental responsibility” includes parental authority, or any analogous relationship of authority determining the rights, powers and responsibilities of parents, guardians and other legal representatives in relation to the person or the property of the child.
Divorce Act — D-3.4
The Convention applies to children from the moment of their birth until they reach the age of 18 years.
Divorce Act — D-3.4 a
The measures referred to in Article 1 may deal in particular with – a the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation; b rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child’s habitual residence; c guardianship, curatorship and analogous institutions; d the designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child; e the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution; f the supervision by a public authority of the care of a child by any person having charge of the child; g the administration, conservation or disposal of the child’s property.
Divorce Act — D-3.4 a
a the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation;
Divorce Act — D-3.4 b
b rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child’s habitual residence;
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c guardianship, curatorship and analogous institutions;
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d the designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child;
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e the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution;
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f the supervision by a public authority of the care of a child by any person having charge of the child;
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g the administration, conservation or disposal of the child’s property.
Divorce Act — D-3.4 a
The Convention does not apply to – a the establishment or contesting of a parent-child relationship; b decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; c the name and forenames of the child; d emancipation; e maintenance obligations; f trusts or succession; g social security; h public measures of a general nature in matters of education or health; i measures taken as a result of penal offences committed by children; j decisions on the right of asylum and on immigration.
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a the establishment or contesting of a parent-child relationship;
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b decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption;
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h public measures of a general nature in matters of education or health;
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i measures taken as a result of penal offences committed by children;
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j decisions on the right of asylum and on immigration.
Divorce Act — D-3.4 1
1 The judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property.
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2 Subject to Article 7, in case of a change of the child’s habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction.
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1 For refugee children and children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present as a result of their displacement have the jurisdiction provided for in paragraph 1 of Article 5.
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2 The provisions of the preceding paragraph also apply to children whose habitual residence cannot be established.
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1 In case of wrongful removal or retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the child has acquired a habitual resident in another State, and a each person, institution or other body having rights of custody has acquiesced in the removal or retention; or b the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.
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a each person, institution or other body having rights of custody has acquiesced in the removal or retention; or
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b the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has or should have had knowledge of the whereabouts of the child, no request for return lodged within that period is still pending, and the child is settled in his or her new environment.
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2 The removal or the retention of a child is to be considered wrongful where a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
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a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
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b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
Divorce Act — D-3.4
The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
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3 So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State to which the child has been removed or in which he or she has been retained can take only such urgent measures under Article 11 as are necessary for the protection of the person or property of the child.
Divorce Act — D-3.4 1
1 By way of exception, the authority of a Contracting State having jurisdiction under Article 5 or 6, if it considers that the authority of another Contracting State would be better placed in the particular case to assess the best interests of the child, may either – request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or – suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.
Divorce Act — D-3.4 –
– request that other authority, directly or with the assistance of the Central Authority of its State, to assume jurisdiction to take such measures of protection as it considers to be necessary, or
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– suspend consideration of the case and invite the parties to introduce such a request before the authority of that other State.
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2 The Contracting States whose authorities may be addressed as provided in the preceding paragraph are a a State of which the child is a national, b a State in which property of the child is located, c a State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage, d a State with which the child has a substantial connection.
Divorce Act — D-3.4 a
a a State of which the child is a national,
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b a State in which property of the child is located,
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c a State whose authorities are seised of an application for divorce or legal separation of the child’s parents, or for annulment of their marriage,
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d a State with which the child has a substantial connection.
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3 The authorities concerned may proceed to an exchange of views.