INTERPROVINCIAL CUSTODY

Abstract

This article examines the position of the courts when a child is taken unilaterally from one province to another. It considers the perspectives of both the province of origin and the province to which the child has been taken, asking whether a particular court has jurisdiction to make an order and, if so, whether it should exercise that power. The impact of a prior custody order and the effect of the Extra-Provincial Enforcement of Custody Orders Act in various situations are also examined.