This paper aims to aid those seeking to understand the framework through which inter-jurisdictional parental disputes over custody are resolved within Canada and internationally. A number of complexities arising from the non-consensual cross-border relocation of children are analyzed, including whether the parents are married or not, the inconsistency of provincial laws, the interpretations of key provisions, what happens when a foreign respondent disputes jurisdiction, and the relevance of The Hague Convention. Combining elements of family, enforcement, and international law, this paper provides a succinct yet detailed overview of the various issues that arise in the context of inter-jurisdictional custody disputes.

This paper is part of a collection presented at LESA’s 50^th Annual Refresher in Lake Louise from May 7–9^th, 2017.