GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Divorce Act — D-3.4 35.2
Agreements entered into under subsection 25.1(1) 35.2 Any agreement entered into by the Minister of Justice under subsection 25.1(1), as that subsection read immediately before the day on which section 27 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act comes into force, and that continues to be in force on that day, is deemed to have been entered into under subsection 25.1(1), as that subsection read on that day. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.3
Proceedings commenced before coming into force 35.3 A proceeding commenced under this Act before the day on which this section comes into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with this Act as it reads as of that day. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.4
Person deemed to have parenting time and decision-making responsibility 35.4 Unless a court orders otherwise, (a) a person who had custody of a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that day, to be a person to whom parenting time and decision-making responsibility have been allocated; and (b) a spouse or former spouse who had access to a child by virtue of a custody order made under this Act, immediately before the day on which this section comes into force, is deemed as of that date, to be a person to whom parenting time has been allocated. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.5
Person deemed to have contact order 35.5 If, immediately before the day on which this section comes into force, a person who is not a spouse or former spouse had access to a child by virtue of a custody order made under this Act, then, as of that day, unless a court orders otherwise, that person is deemed to be a person who has contact with the child under a contact order. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.6
No notice 35.6 A person who is deemed under section 35.4, to be a person to whom parenting time or decision-making responsibility has been allocated is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence by the person or a child to whom the order relates. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.7
No change in circumstances 35.7 For the purposes of subsection 17(5), as enacted by subsection 13 (2) of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act , the coming into force of that Act does not constitute a change in the circumstances of the child. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.8
Variation of orders previously made 35.8 An order made before the day on which this section comes into force under subsection 16(1), as that subsection read immediately before that day, or an order made in proceedings disposed of by the court in the manner described in section 35.3, may, as of that day, if it is still in effect, be varied, rescinded or suspended in accordance with section 17, as amended by section 13 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act , as if the order were a parenting order or contact order. 2019, c. 16, s. 34
Divorce Act — D-3.4 35.9
Provisional orders 35.9 If, before the day on which this section comes into force, a provisional order was made under subsection 18(2) as it read immediately before that day, the provisional order is deemed, as of that day, to be an application made under in subsection 18.1(3) and shall be dealt with and disposed of as such. 2019, c. 16, s. 34
Divorce Act — D-3.4 Commencement
Commencement * 36 This Act shall come into force on a day to be fixed by proclamation. * [Note: Act in force June 1, 1986, see SI/86-70.]
Divorce Act — D-3.4
The States signatory to the present Convention,
Divorce Act — D-3.4
Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance,
Divorce Act — D-3.4
Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair,
Divorce Act — D-3.4
Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June 1956,
Divorce Act — D-3.4
Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities,
Divorce Act — D-3.4
Recalling that, in accordance with Articles 3 and 27 of the United Nations Convention on the Rights of the Child of 20 November 1989, in all actions concerning children the best interests of the child shall be a primary consideration, every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development, the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,
Divorce Act — D-3.4
in all actions concerning children the best interests of the child shall be a primary consideration,
Divorce Act — D-3.4
every child has a right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development,
Divorce Act — D-3.4
the parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development, and
Divorce Act — D-3.4
States Parties should take all appropriate measures, including the conclusion of international agreements, to secure the recovery of maintenance for the child from the parent(s) or other responsible persons, in particular where such persons live in a State different from that of the child,
Divorce Act — D-3.4
Have resolved to conclude this Convention and have agreed upon the following provisions
Divorce Act — D-3.4 a)
The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by – a) establishing a comprehensive system of co-operation between the authorities of the Contracting States; b) making available applications for the establishment of maintenance decisions; c) providing for the recognition and enforcement of maintenance decisions; and d) requiring effective measures for the prompt enforcement of maintenance decisions.
Divorce Act — D-3.4 a)
a) establishing a comprehensive system of co-operation between the authorities of the Contracting States;
Divorce Act — D-3.4 b)
b) making available applications for the establishment of maintenance decisions;
Divorce Act — D-3.4 c)
c) providing for the recognition and enforcement of maintenance decisions; and
Divorce Act — D-3.4 d)
d) requiring effective measures for the prompt enforcement of maintenance decisions.
Divorce Act — D-3.4 1
1 This Convention shall apply – a) to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years; b) to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and c) with the exception of Chapters II and III, to spousal support.
Divorce Act — D-3.4 a)
a) to maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years;
Divorce Act — D-3.4 b)
b) to recognition and enforcement or enforcement of a decision for spousal support when the application is made with a claim within the scope of sub-paragraph a); and
Divorce Act — D-3.4 c)
c) with the exception of Chapters II and III, to spousal support.
Divorce Act — D-3.4 2
2 Any Contracting State may reserve, in accordance with Article 62, the right to limit the application of the Convention under sub-paragraph 1 a), to persons who have not attained the age of 18 years. A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.
Divorce Act — D-3.4 3
3 Any Contracting State may declare in accordance with Article 63 that it will extend the application of the whole or any part of the Convention to any maintenance obligation arising from a family relationship, parentage, marriage or affinity, including in particular obligations in respect of vulnerable persons. Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention.
Divorce Act — D-3.4 4
4 The provisions of this Convention shall apply to children regardless of the marital status of the parents.
Divorce Act — D-3.4 a)
For the purposes of this Convention – a) “creditor” means an individual to whom maintenance is owed or is alleged to be owed; b) “debtor” means an individual who owes or who is alleged to owe maintenance; c) “legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings; d) “agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference; e) “maintenance arrangement” means an agreement in writing relating to the payment of maintenance which i) has been formally drawn up or registered as an authentic instrument by a competent authority, or ii) has been formally drawn up or registered as an authentic instrument by a competent authority; or and may be the subject of review and modification by a competent authority; f) “vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.
Divorce Act — D-3.4 a)
a) “creditor” means an individual to whom maintenance is owed or is alleged to be owed;
Divorce Act — D-3.4 b)
b) “debtor” means an individual who owes or who is alleged to owe maintenance;
Divorce Act — D-3.4 c)
c) “legal assistance” means the assistance necessary to enable applicants to know and assert their rights and to ensure that applications are fully and effectively dealt with in the requested State. The means of providing such assistance may include as necessary legal advice, assistance in bringing a case before an authority, legal representation and exemption from costs of proceedings;
Divorce Act — D-3.4 d)
d) “agreement in writing” means an agreement recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference;
Divorce Act — D-3.4 e)
e) “maintenance arrangement” means an agreement in writing relating to the payment of maintenance which i) has been formally drawn up or registered as an authentic instrument by a competent authority, or ii) has been formally drawn up or registered as an authentic instrument by a competent authority; or and may be the subject of review and modification by a competent authority;
Divorce Act — D-3.4 i)
i) has been formally drawn up or registered as an authentic instrument by a competent authority, or
Divorce Act — D-3.4 ii)
ii) has been formally drawn up or registered as an authentic instrument by a competent authority; or
Divorce Act — D-3.4
and may be the subject of review and modification by a competent authority;
Divorce Act — D-3.4 f)
f) “vulnerable person” means a person who, by reason of an impairment or insufficiency of his or her personal faculties, is not able to support him or herself.
Divorce Act — D-3.4 1
1 A Contracting State shall designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority.
Divorce Act — D-3.4 2
2 Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Divorce Act — D-3.4 3
3 The designation of the Central Authority or Central Authorities, their contact details, and where appropriate the extent of their functions as specified in paragraph 2, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law at the time when the instrument of ratification or accession is deposited or when a declaration is submitted in accordance with Article 61. Contracting States shall promptly inform the Permanent Bureau of any changes.
Divorce Act — D-3.4 a)
Central Authorities shall – a) co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention; b) seek as far as possible solutions to difficulties which arise in the application of the Convention.
Divorce Act — D-3.4 a)
a) co-operate with each other and promote co-operation amongst the competent authorities in their States to achieve the purposes of the Convention;
Divorce Act — D-3.4 b)
b) seek as far as possible solutions to difficulties which arise in the application of the Convention.
Divorce Act — D-3.4 1
1 Central Authorities shall provide assistance in relation to applications under Chapter III. In particular they shall – a) transmit and receive such applications; b) initiate or facilitate the institution of proceedings in respect of such applications.
Divorce Act — D-3.4 a)
a) transmit and receive such applications;
Divorce Act — D-3.4 b)
b) initiate or facilitate the institution of proceedings in respect of such applications.
Divorce Act — D-3.4 2
2 In relation to such applications they shall take all appropriate measures – a) where the circumstances require, to provide or facilitate the provision of legal assistance; b) to help locate the debtor or the creditor; c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets; d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes; e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears; f) to facilitate the collection and expeditious transfer of maintenance payments; g) to facilitate the obtaining of documentary or other evidence; h) to provide assistance in establishing parentage where necessary for the recovery of maintenance; i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application; j) to facilitate service of documents.
Divorce Act — D-3.4 a)
a) where the circumstances require, to provide or facilitate the provision of legal assistance;
Divorce Act — D-3.4 b)
b) to help locate the debtor or the creditor;
Divorce Act — D-3.4 c)
c) to help obtain relevant information concerning the income and, if necessary, other financial circumstances of the debtor or creditor, including the location of assets;
Divorce Act — D-3.4 d)
d) to encourage amicable solutions with a view to obtaining voluntary payment of maintenance, where suitable by use of mediation, conciliation or similar processes;
Divorce Act — D-3.4 e)
e) to facilitate the ongoing enforcement of maintenance decisions, including any arrears;
Divorce Act — D-3.4 f)
f) to facilitate the collection and expeditious transfer of maintenance payments;
Divorce Act — D-3.4 g)
g) to facilitate the obtaining of documentary or other evidence;
Divorce Act — D-3.4 h)
h) to provide assistance in establishing parentage where necessary for the recovery of maintenance;
Divorce Act — D-3.4 i)
i) to initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application;
Divorce Act — D-3.4 3
3 The functions of the Central Authority under this Article may, to the extent permitted under the law of its State, be performed by public bodies, or other bodies subject to the supervision of the competent authorities of that State. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. Contracting States shall promptly inform the Permanent.
Divorce Act — D-3.4 4
4 Nothing in this Article or Article 7 shall be interpreted as imposing an obligation on a Central Authority to exercise powers that can be exercised only by judicial authorities under the law of the requested State.
Divorce Act — D-3.4 1
1 A Central Authority may make a request, supported by reasons, to another Central Authority to take appropriate specific measures under Article 6(2) b), c), g), h), i) and j) when no application under Article 10 is pending. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.
Divorce Act — D-3.4 2
2 A Central Authority may also take specific measures on the request of another Central Authority in relation to a case having an international element concerning the recovery of maintenance pending in the requesting State.
Divorce Act — D-3.4 1
1 Each Central Authority shall bear its own costs in applying this Convention.
Divorce Act — D-3.4 2
2 Central Authorities may not impose any charge on an applicant for the provision of their services under the Convention save for exceptional costs arising from a request for a specific measure under Article 7.
Divorce Act — D-3.4 3
3 The requested Central Authority may not recover the costs of the services referred to in paragraph 2 without the prior consent of the applicant to the provision of those services at such cost.
Divorce Act — D-3.4
An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence.
Divorce Act — D-3.4 1
1 The following categories of application shall be available to a creditor in a requesting State seeking to recover maintenance under this Convention – a) recognition or recognition and enforcement of a decision; b) enforcement of a decision made or recognised in the requested State; c) establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage; d) establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or e); e) modification of a decision made in the requested State; f) modification of a decision made in a State other than the requested State.
Divorce Act — D-3.4 a)
a) recognition or recognition and enforcement of a decision;
Divorce Act — D-3.4 b)
b) enforcement of a decision made or recognised in the requested State;
Divorce Act — D-3.4 c)
c) establishment of a decision in the requested State where there is no existing decision, including where necessary the establishment of parentage;
Divorce Act — D-3.4 d)
d) establishment of a decision in the requested State where recognition and enforcement of a decision is not possible, or is refused, because of the lack of a basis for recognition and enforcement under Article 20, or on the grounds specified in Article 22 b) or e);
Divorce Act — D-3.4 e)
e) modification of a decision made in the requested State;
Divorce Act — D-3.4 f)
f) modification of a decision made in a State other than the requested State.
Divorce Act — D-3.4 2
2 The following categories of application shall be available to a debtor in a requesting State against whom there is an existing maintenance decision – a) recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State; b) modification of a decision made in the requested State; c) modification of a decision made in a State other than the requested State.
Divorce Act — D-3.4 a)
a) recognition of a decision, or an equivalent procedure leading to the suspension, or limiting the enforcement, of a previous decision in the requested State;
Divorce Act — D-3.4 b)
b) modification of a decision made in the requested State;
Divorce Act — D-3.4 c)
c) modification of a decision made in a State other than the requested State.
Divorce Act — D-3.4 3
3 Save as otherwise provided in this Convention, the applications in paragraphs 1 and 2 shall be determined under the law of the requested State, and applications in paragraphs 1 c) to f) and 2 b) and c) shall be subject to the jurisdictional rules applicable in the requested State.
Divorce Act — D-3.4 1
1 All applications under Article 10 shall as a minimum include – a) a statement of the nature of the application or applications; b) the name and contact details, including the address and date of birth of the applicant; c) the name and, if known, address and date of birth of the respondent; d) the name and date of birth of any person for whom maintenance is sought; e) the grounds upon which the application is based; f) in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted; g) save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State; h) the name and contact details of the person or unit from the Central Authority of the requesting State responsible for processing the application.
Divorce Act — D-3.4 a)
a) a statement of the nature of the application or applications;
Divorce Act — D-3.4 b)
b) the name and contact details, including the address and date of birth of the applicant;
Divorce Act — D-3.4 c)
c) the name and, if known, address and date of birth of the respondent;
Divorce Act — D-3.4 d)
d) the name and date of birth of any person for whom maintenance is sought;
Divorce Act — D-3.4 e)
e) the grounds upon which the application is based;
Divorce Act — D-3.4 f)
f) in an application by a creditor, information concerning where the maintenance payment should be sent or electronically transmitted;
Divorce Act — D-3.4 g)
g) save in an application under Article 10(1) a) and (2) a), any information or document specified by declaration in accordance with Article 63 by the requested State;