The respondent brought a motion regarding jurisdiction in a child support proceeding.
The applicant sought to vary a foreign child support order made in Maryland through either a Motion to Change or an Application under the Family Law Act.
The respondent argued the applicant must proceed under the Interjurisdictional Support Orders Act (ISOA).
The court held that jurisdiction to vary a foreign support order made corollary to a foreign divorce can only be derived from provincial legislation respecting enforcement of support orders, namely the ISOA.
The court stayed the Motion to Change and Application insofar as they related to support and ordered the applicant to proceed under the ISOA.
