Jurisdiction, Conflict of Laws, and Procedure
Core concepts
Jurisdiction in family law depends on residence, habitual residence, domicile, and the child's habitual residence under the Hague Convention for international child abduction. The Divorce Act requires a real and substantial connection. Provincial courts have jurisdiction over property and support based on residence. Understand forum non conveniens, lis pendens, recognition and enforcement of foreign orders, and the best interests test in relocation and abduction cases. Procedure includes pleadings, disclosure, case conferences, motions, and enforcement.
Traps in questions
- Confusing domicile with habitual residence.
- Assuming a foreign divorce is automatically recognized.
- Overlooking the Hague Convention in abduction cases.
- Forgetting that relocation requires notice and best-interests analysis.
- Mixing jurisdiction with choice of law.
Rule of thumb
Connection, then forum, then recognition.
Worked example
A parent moves a child to another country without consent. The left-behind parent may invoke the Hague Convention for return, provided the child was habitually resident in the original country and the removal was wrongful. The court then applies the best-interests test.