What jurisdiction does the court have to entertain custody and access proceedings if the child was present, resident or domiciled in the jurisdiction at the time of the proceedings?

Alberta, Canada


The following excerpt is from O.E.K. v. V.M., 2008 ABPC 271 (CanLII):

At common law, courts have jurisdiction to entertain custody and access proceedings if a child was present, resident or domiciled in the jurisdiction at the time the proceedings were commenced. McKee v. McKee 1951 CanLII 305 (UK JCPC), [1951] A.C. 352.

Other Questions


In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute? (Alberta, Canada)
What is the impact of a child’s change of residence on access to the child? (Alberta, Canada)
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
What is the jurisdiction of the court to stay proceedings for abuse of process? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection? (Alberta, Canada)
Is there a material change in the circumstances of custody of the child since the last custody order has been made? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.