YLaw is best known for handling international divorce, with many of our cases featured in the media. We have been successful on numerous groundbreaking cases on international divorce and are regarded as experts in this area. Some of our lawyers specializing in international divorce and custody are:

• Abib Ngom – Hague Conventions and Child Abduction matters, with several successful cases argued before the Supreme Court and the Court of Appeal
• Leena Yousefi, Lis Newby, and Trudy Hopman on International divorces, which have set precedent in British Columbia
• Afsana Allidina on all international family law matters, including child abduction and divorce

Our international divorce lawyers in Vancouver and Fraser Valley know that cross-border family law cases involve unique challenges when children, income, or assets touch more than one jurisdiction. International divorce in British Columbia often raises urgent questions about jurisdiction, enforcement, and protecting your rights across borders.

We help with the following international family law issues:

• International child abduction
• Cross-cultural family law issues, such as mahr (Mehr)
• Cross-border parenting disputes
• Interjurisdictional support
• Multijurisdictional property division

Our experienced team has handled precedent-setting cases in the Supreme Court of British Columbia and the Court of Appeal. We work with foreign lawyers and experts when needed to protect your interests.

International Child Abduction

International child abduction occurs when a parent either removes a child from another country without the other parent’s consent or refuses to return a child to another country after travelling with the child with consent from the other parent.

Depending on what country the child has been taken from, the Hague Convention on the Civil Aspects of Child Abduction may apply, allowing an expedited process based on the child’s habitual residence and whether there has been wrongful removal or wrongful retention.

If your child has been wrongfully removed to or from BC, you must act quickly. You have one year from the date of the wrongful removal or retention to proceed with your Hague Convention application. If it is found that a child has been wrongfully removed/retained, the court must order the return of the child unless certain exceptions apply.

YLaw’s Success on International Child Abduction

At YLaw, we have lawyers who specialize in child abductions. Our lawyers have successfully dealt with precedent-setting abduction cases, including:

• S.C. v. H.S. Leena Yousefi successfully argued the return of an abducted child to Taiwan — case featured in the media 
• Bakker v. Bakker – Child abducted to Canada, Successful return of the child ordered
• Nixey v. Stacey  – Child abducted on vacation and ordered to return

Cross-Border Parenting Issues & Relocation

International relocation is when one parent is looking to move with their child to another country or location, significantly impacting the relationship the child would have with the non-moving parent. A parent who is looking to move with their child must provide the other guardian with written notice at least 60 days in advance.

The court will consider reasons for the move, the proposed parenting arrangement after the move, the history of care, and how the move will affect the child’s relationships with significant people in their life.

There are situations where a child is in BC residing with one parent and the other parent resides in another country. Parenting issues will often be dealt with in the child’s habitual residence, so if a child habitually resides in BC and there are no parenting arrangements in place, you may need to apply for an Order in BC. In some cases, foreign orders have already been made, and you may need assistance to enforce an international order in British Columbia.

If you are not located in British Columbia and need help exercising your rights as a parent, it is important to have a qualified international divorce lawyer experienced in cross-border parenting issues to ensure your rights are protected.

International Spousal and Child Support Issues

There may be interjurisdictional support issues when the payor and recipient of child or spousal support live in different jurisdictions or countries, as each jurisdiction has its own laws about determining support.

If a British Columbia proceeding has been started and you believe BC is not the appropriate jurisdiction, you will need to immediately file a Jurisdictional Response. It is important to move quickly to ensure specific deadlines are not missed.

Enforcement of International Support Orders

British Columbia has arrangements with all Canadian provinces and territories, the United States, and several other countries for the enforcement of support orders, meaning BC authorities can work with authorities elsewhere to collect support and enforce orders.

If you are looking to change your support order, you may be able to do so through reciprocal agreements, including the Interjurisdictional Support Orders Act or the Hague Child Support Convention.

Multijurisdictional and International Property Division

Property division can become complicated when property and particularly real estate are in different countries. Similar to support issues, if you believe BC is not the appropriate jurisdiction to decide on how property should be divided, you may need to immediately file a Jurisdictional Response before orders are made.

Even if the BC Court has jurisdiction, there may still be complexities. Generally, the BC Court cannot make orders about what will happen to real property outside BC and will only be able to make orders about what a party must do to achieve an appropriate division of family property and debt. If you have obtained an order for property division and the other party does not reside in BC, you may need assistance coordinating enforcement in another jurisdiction.

Get Experienced Legal Advice from an International Divorce Lawyer in Vancouver

YLaw Group provides strategic advice about all aspects of international divorce in British Columbia. Our international divorce lawyers have experience with complex cross-border cases and work with our broader family law team to protect your rights. Consult with our award-winning legal team for guidance.

Call 604-974-9529 or get in touch via email.