Legal Question in Family Law in California
What venue applies for a parent residing in California USA if the original ruling was held in Ontario Canada?
As the paying parent, if we transfer the administration of child support payments to the States, may we also ask for a new hearing here or must we return to Canada?
2 Answers from Attorneys
Everything would have to be initiated in the orginal court. If both parents have moved to California, or the custodial parent has moved to California and the other parent is no longer in Canada, the Ontario court may be able and willing to do what would be called "abstain" here in the U.S. That is a process where the original court effectively surrenders jurisdiction to the court where the child now resides. Under U.S. law, however, as long as one parent still lives in the original jurisdiction, abstention is not proper. In any case, the U.S. courts will not accept jurisdiction over the case without proceedings in the Ontairo courts under Canadian law that surrender the original jurisdiction to the U.S. court.
I should add, the other alternative is to ask the Ontairo court for international judgment enforcement orders and the appropriate requests to the California courts to enforce and administer the support judgment. Again, though, everything starts in Ontario. I would also warn you that if you are the paying parent, you should think twice about getting in the clutches of the Califorina support enforcement machine. They will suspend your drivers license, professional licenses, and sieze assets if you are even one month late. They are terrible about releasing liens and suspensions. There are horror stories of people losing their jobs because they couldn't drive and the "system" wouldn't release the hold even though they had paid. And the whole system seems to be above the law unless you can afford huge legal bills to sue them. So think twice before you subject yourself to that.