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Old 05-17-2017, 03:29 PM
OrleansLawyer OrleansLawyer is offline
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She needs to satisfy the jurisdictional requirement in the Divorce Act
They are not married - the divorce act is not relevant to their situation.

Place where proceeding commenced
21.11 (1) Proceedings referred to in the Schedule to section 21.8 may be commenced in the Family Court if the applicant or the respondent resides in a part of Ontario where the Family Court has jurisdiction.

This is adopted in Rule 5(1) of the Family Law Rules: A case shall be started in the municipality where a party resides.

Therefore, a non-resident may file a claim in Ontario for support from an Ontario resident.

While provincial rules often mirror the Divorce Act, there are differences and those differences can be important. Know what act you are working under.
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