FAQs Jurisdiction

I am moving to another City, but I have already filed for divorce. Can I change the jurisdiction of my divorce proceeding?

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

To change the location of your divorce proceeding, you will need to bring a motion before Court seeking an Order to transfer your case to the intended jurisdiction. According to the Family Law Rules, the party bringing the motion must show it will be substantially more convenient to deal with the case or step in your case in another municipality. Your spouse may challenge your request at your motion hearing.

In general, the judge will assess the best interests of the children, if applicable, and seek a balance of convenience between the parties. An example of where a transfer might be more convenient would be moving your case to a jurisdiction where the children ordinarily reside, or to one which may better facilitate the administration of justice.

 

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.