Juristiction to File for Custody

[nagol818]

I'm just throwing this out on this forum. I have talked to 3 attorneys and none of them know the answer. And yes I know, this is a US site but I've been coming here long enough to know there are some who can help me anyway.

I filed for child support in my state(PA)...the state my child has lived in since birth 10 months ago. The child support order was sent to Canada to be determined in a hearing and enforced because that is where the NCP lives. In Canada, child support and custody/visitation are done in the same courts....one effects the other. My question is....

Because I filed for child support and the order will be sent to Canada, does that give the NCP jurisdiction to file for custody in Canada?

 

[Zephyr]

mmmm...taking my best guess here- but I don't think the custody order would be dealt with in Canada as the child is a US citizen residing in the US. Another country really can't make an order for a citizen of another country while that citizen is in their home country.

The cs is probably transfered because Canada will be collecting the payment.

 

[CandiceH]

mmmm...taking my best guess here- but I don't think the custody order would be dealt with in Canada as the child is a US citizen residing in the US. Another country really can't make an order for a citizen of another country while that citizen is in their home country.

The cs is probably transfered because Canada will be collecting the payment.

You are correct Z. Canada has no jurisdiction over custody matters from the US. The ONLY thing that they can enforce pertaining to custody, is in the case of parental abduction. OP, if you have any further questions regarding collecting support in Canada, look up Reciprocating Jurisdiction on the website of the Province in question. I can give you a little bit of advice on this though. Dont hold your breath. Even though the order has been sent to Canada, they are HORRIBLE to deal with. YOU will have to do the legwork. Meaning, you MUST have an address for the NCP, along with information on the place of employment. They WILL NOT assist you with this unless you have a Canadian attorney.

If you need any further information you can PM me, I have an abundance of it, as my ex is also Canadian.

 

[nagol818]

Thanks. I will start there. I'm quite sure I will be back soon enough.
Thanks again.