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Foreign Judgments

SBL - Foreign Judgments

Some countries have agreements with Canada and Alberta that they will respect and enforce each other’s court orders, or they have provisions in their family law legislation which is similar to our Family Law Act and which allows Alberta orders to be registered in their courts for enforcement purposes. Under our legislation, extra provincial and foreign orders registered with our courts are treated as if they were orders of our courts and can be enforced accordingly.

Some countries do not have reciprocal agreements with Canada and Alberta and may not have family law legislation similar to our Alberta legislation.  You may have no choice but to commence a proceeding abroad in these countries to obtain a new order on the terms of the Alberta order. All courts pay a great deal of deference to the orders other courts have made, and the Alberta order should be very persuasive to another court unless the Alberta order was obtained by fraud, misrepresentation or in the face of foreign proceedings concerning the child.

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