For most interjurisdictional support order matters, the Interjurisdictional Support Orders Act, 2002 (ISO) provides a streamlined process for obtaining or varying a support order when one person lives in a reciprocating jurisdiction outside Ontario.
The person applying for support in Ontario fills out the application forms and sends them to the ISO Unit at the Family Responsibility Office (FRO). The forms are then forwarded to the reciprocating jurisdiction where the respondent (the person responding to the support application) lives. The court in the reciprocating jurisdiction serves the respondent and makes a support order based on the applicant’s and respondent’s written material. The support order is then provided to the ISO Unit and the applicant.
The ISO Unit at the FRO sends the completed forms to the reciprocating jurisdiction. The reciprocating jurisdiction responds to the ISO Unit at the FRO, and the court in the reciprocating jurisdiction makes the order.
If the respondent lives in a reciprocating jurisdiction that requires a provisional order the applicant may have to go to court. The application can be filed with an Ontario court. The Ontario court will then make a provisional order and will forward it to the ISO Unit. The court in the reciprocating jurisdiction will then confirm, vary or deny the provisional order. A provisional order has no legal effect until it has been confirmed by a court in the reciprocating jurisdiction.
Currently, the following jurisdictions require provisional orders: United Kingdom (consisting of England, Scotland, Northern Ireland, Wales, Gibraltar, Guernsey, Alderney and Sark, Jersey, and Isle of Man), New Zealand, Germany, Bermuda, Hong Kong and Quebec.
Standard Forms/Guides to Make or Vary a Support Order
As of March 31, 2003 you must use standard forms to make an application to make or vary a support order where one party lives in a reciprocating jurisdiction. There are guides available to help you in completing the forms. You can also get the forms/guides through the courts, Family Law Information Centres and Legal Aid Offices, or by contacting the ISO Unit.
Many of the ISO forms are sworn documents. This means that they must be signed under oath before a Commissioner of Oaths or Notary Public. Most reciprocating jurisdictions will accept forms that have been sworn before a Commissioner of Oaths; however, some reciprocating jurisdictions require that ISO documents be sworn before a Notary Public.
If you are completing ISO forms in Ontario that will be sent to one of the following reciprocating jurisdictions you will need to take the forms to a Notary Public to be notarized before you send them to the ISO Unit.
- Saskatchewan
- Yukon
- Northwest Territories
Varying a Support Order Made Under the Canadian Federal Divorce Act
If both parties are residing in different provinces in Canada, there are two ways to apply to vary a support order.
- Both former spouses may agree to go to court in the Canadian province or territory where one them resides, or
- An application for an order can be made under sections 18 and 19 of the Divorce Act.
Sections 18 and 19 of the Divorce Act explains how a provisional order is granted in the applicant’s province or territory, and the process of a confirmation order is made in the respondent’s province or territory. (The provisional variation order has no legal effect until it has been confirmed.)
The Canadian Divorce Act only allows a Canadian court to change a divorce order. If you live outside Canada and want to change your Divorce Act support order, you should consult a lawyer.
If you need assistance finding a lawyer:
The Lawyer Referral Service of the Law Society of Upper Canada at 1-900-565-4LRS (4577). This service will put you in touch with a lawyer for a free 30-minute consultation. Note, there is a $6 charge on your phone bill for using the service.