FAQs Jurisdiction

My spouse wants to move the divorce proceeding I started to a Court to another municipality closer to his home. How can I stop this change from happening?

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Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

According to the Family Law Rules, a case should be heard where a party resides, or, if child custody and access are at issue, where the child ordinarily resides. To move your divorce proceeding to a Court in a different municipality, your spouse is required to bring a motion before Court to obtain an Order. Your spouse must show it is substantially more convenient to deal with the case or step in the case in another municipality.

The threshold of showing the transfer will be “substantially more convenient” is quite high. You may oppose your spouse’s request by challenging his motion. You may point to the fact that the current jurisdiction is where you and/or the child reside, making a transfer to another municipality less convenient for dealing with your case.

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About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.