Solving Legal Problems & Out-of-Province Issues

Law

Families dealing with legal issues may have ties to other provinces or countries. See the sections below to learn about:

  • What “jurisdiction” is and how it may affect your family law matters
  • Determining your province of residence, and the different types of “residency”
  • Finding legal information in other provinces and countries
  • Finding a lawyer in other provinces and countries
  • Getting legal aid in other provinces and countries
  • Using court orders from Alberta in other provinces and countries
  • Using court orders from other provinces and countries in Alberta

Please read “Who is this Information Page for?” just below to make sure you are on the right page.

LegalAve provides general legal information, not legal advice. Learn more here.

Last Reviewed: August 2016
Who is this Information Page for?

This Information Page describes what services are available to help when people are dealing with legal issues across borders. These services include:

  • Legal information
  • Help finding a lawyer (referral services)
  • Help paying for a lawyer (legal aid)

Before using any of these services, you may want to learn more about what the law says about your cross-border legal matter. That way you will know what kinds of help you need from the organizations described below.

If you are dealing with separation matters across borders, see the Family Breakdown & Out-of-Province Issues Information Page. That Information Page deals with topics such as:

  • Getting a divorce
  • Dividing property
  • Custody, access, and parenting time
  • Child support
  • Spousal support

If you are dealing with other family legal matters across borders, see the Ongoing Family Relationships & Out-of-Province Issues Information . That Information Page deals with topics such as:

  • Jointly owning property across borders
  • Powers of Attorney and Personal Directives
  • Guardianship and Trusteeship
  • Estate planning if you have property outside of Alberta
  • Death of an Albertan outside of Alberta
  • Inheriting foreign property
What the words mean

These words are not listed alphabetically—they are in the order that makes it easiest to understand the complete legal picture.

If you are looking for a specific term, you can use the Glossary, which is in alphabetical order.

federal law

Federal laws are created by the Government of Canada and apply to all Canadians, no matter which province they live in. Examples include: the Income Tax Act, the Criminal Code of Canada, the Divorce Act, and the Immigration Act.

provincial law

Provincial laws in Alberta are created by the Government of Alberta and apply only in Alberta. Examples include: the Alberta Adult Interdependent Relationship Act, the Alberta Family Law Act, and the Alberta Wills and Succession Act. Each Canadian province and territory has its own set of these laws.

jurisdiction

This term refers to the right or ability of a government or a court to make decisions about things.

In terms of government, “jurisdiction” refers to a particular government’s right, power, or authority to make laws.

  • The Government of Canada has “federal jurisdiction.” The laws made by the Government of Canada apply to everyone in Canada.
  • The provinces and territories of Canada have “provincial jurisdiction.” The laws made by those governments apply only within that province or territory.

The exact topics that each jurisdiction can make laws about is set out in Canada’s Constitution Act, 1867. Similarly, governments of other countries make laws that generally only apply in their geographic area.

In terms of the court system, “jurisdiction” is also used to describe a particular court’s authority to deal with an issue. A court’s jurisdiction is related to governmental jurisdiction:

  • Federal courts (such as the Federal Court of Canada and the Tax Court of Canada) deal with the laws passed by the Government of Canada.
  • Alberta courts (the Provincial Court of Alberta and the Alberta Court of Queen’s Bench) have the authority to deal with Alberta laws, but they cannot deal with the laws of another province. In other words, “jurisdiction” is the geographical area where the judge has authority to make court orders.
  • Alberta courts can also deal with certain laws passed by the Government of Canada (such as the Criminal Code of Canada), if that authority has been given to them.
  • Alberta courts usually only have the power to make orders about a person who lives in Alberta, or who has agreed to the court's jurisdiction.

Sometimes, a court’s jurisdiction comes from powers given to a specific level of court. For example, issues under the Divorce Act can only be heard by the Alberta Court of Queen’s Bench. On the other hand, matters related to child welfare must be heard in the Provincial Court of Alberta.

ordinary residence (also called “habitual residence”)

The place where a person lives his or her daily life. This is different from where a person might occasionally stay, or even where a person often stays. It is where a person’s life is centred. Even if they are not always there, it is the place where they regularly return.

When deciding if a person is an “ordinary” or “habitual” resident, a court will consider different factors. These may include:

  • where a person was born;
  • where a person has spent, and continues to spend, most of his or her life; and
  • where a person has ties to family and the community.

legal information

General statements about the law that do not apply to any specific person’s situation. Legal information helps people understand the law, the nature of their legal issues, and how to solve legal problems (both in court and out of court). Legal information is available to the public on websites, in print, and in person, and it is different from legal advice. Legal information tells you “the options that are available,” while legal advice generally tells you “this is the best option for you.”

To learn more about the difference between legal information and legal advice, see the following resources.

PDF Legal Information vs. Legal Advice: What is the Difference?
Centre for Public Legal Education Alberta
English

PDF Legal information is not the same as legal advice
Community Legal Education Ontario
English

PDF Helping Clients with Legal Issues: Legal Information for Frontline Service Providers
Centre for Public Legal Education Alberta
English
See p. 15-16.

legal advice

Guidance that is provided by lawyers (or law students supervised by lawyers) after learning about an individual’s legal issues. The lawyer or law student uses his or her legal knowledge and expertise to come up with the “best option(s)” for a particular client, based on what the client hopes to achieve. Legal advice tells people how the law applies to their specific situations, or what they should do about their legal problem (including what exactly to write on court forms and what to say in court). Legal advice is different from legal information. Legal information tells you “the options that are available,” while legal advice generally tells you “this is the best option for you.”

To learn more about the difference between legal information and legal advice, see the following resources.

PDF Legal Information vs. Legal Advice: What is the Difference?
Centre for Public Legal Education Alberta
English

PDF Legal information is not the same as legal advice
Community Legal Education Ontario
English

PDF Helping Clients with Legal Issues: Legal Information for Frontline Service Providers
Centre for Public Legal Education Alberta
English
See p. 15-16.
Jurisdiction: What is it and why does it matter?

What is “jurisdiction”?

This term refers to the right or ability of a government or a court to make decisions about things.

In terms of government, “jurisdiction” refers to a particular government’s right, power, or authority to make laws.

  • The Government of Canada has “federal jurisdiction”—the laws made by the Government of Canada generally apply to everyone in Canada.
  • The provinces and territories of Canada have “provincial jurisdiction”—the laws made by those governments generally apply only within that province or territory.

The exact topics that each jurisdiction can make laws about is set out in Canada’s Constitution Act, 1867. Governments cannot make laws about topics that are not in their jurisdiction.

Similarly, governments of other countries make laws that generally only apply in their geographic area.

In terms of the court system, “jurisdiction” is also used to describe a particular court’s authority to deal with an issue. This is related to the governmental jurisdiction:

  • Federal courts (such as the Federal Court of Canada and the Tax Court) deal with the laws passed by the Government of Canada.
  • Alberta courts (the Provincial Court of Alberta and the Alberta Court of Queen’s Bench) have the authority to deal with Alberta laws. But they cannot deal with the laws of another province. In other words, “jurisdiction” is the geographical area where the judge has authority to make court orders.
  • Alberta courts can also deal with laws passed by the Government of Canada, if they have been given the authority to do so. For example: Alberta courts have the authority to deal with the Criminal Code of Canada (which is a federal law).

In general, courts cannot make orders using laws that are not in their jurisdiction, and courts cannot hear a matter about a person who is not in their jurisdiction.

Why does it matter?

A basic concept of law is that, in general, courts can only use the laws that apply in the geographic area where those courts are located. A court in Alberta is meant to apply the laws of Alberta. It cannot simply decide one day to apply the laws of Newfoundland or of the Netherlands to the case it is considering. It has no jurisdiction to do so.

Also, people are governed by the laws in the geographic area where they live. A person who lives in Camrose, Alberta will be governed by Canadian federal laws, Alberta provincial laws, and the city laws passed by the City of Camrose. A person living there cannot simply decide to be governed by the city laws of Moncton, the territorial laws of Yukon, and the federal laws of France instead.

With some family-related legal issues, jurisdiction can complicate things.

For example:

  • You may spend time in more than one province or country.
  • Your family members may be divided between multiple jurisdictions.
  • You may have a court order from another jurisdiction that you want to change or transfer.

In these cases, you will likely need to learn about the law in more than one jurisdiction.

More information

For more general information about what jurisdiction is and why it matters, see the Our Legal System Information Page and the following resources.

PDF The Canadian Legal System: Legal Information for Frontline Service Providers
Centre for Public Legal Education Alberta
English


Web Canada's Court System
Government of Canada
English

Web Powers of the National and Provincial Governments
Government of Canada
English

Web Distribution of Powers
The Canadian Encyclopedia
English

French resources:


Web L'appareil judiciaire du Canada
Government of Canada
French


Web Partage des pouvoirs
The Canadian Encyclopedia
French
Alberta residency: What is it and why does it matter?

What is “residency”?

In law, there are different ways to determine where a person lives (also called “resides”). Different laws use different methods to decide where a person resides.

The most common way is to look at a person’s “ordinary residence” (sometimes also called “habitual residence”).

In Alberta, and in many other Canadian jurisdictions, “habitual” or “ordinary” residence refers to where a person lives his or her daily life. This is different from where a person might occasionally stay, or even where a person often stays. It is where a person’s life is centred. Even if they are not always there, it is the place where they regularly return.

When deciding if a person is an “ordinary” or “habitual” resident, a court will consider different factors. These may include:

  • where a person was born;
  • where a person has spent, and continues to spend, most of his or her life;
  • where a person’s extended family lives;
  • where a person has social ties to the community;
  • where a person has economic ties to community (such as bank accounts);
  • where a person has a home (and if that home is listed on a driver’s licence and in voter registration);
  • if a person has more than one home, how are they used? (For example, is one home a vacation home?);
  • where a person has property;
  • in which province a person is registered for health care;
  • where a person attends a religious institution; and
  • where a person works.

When it comes to children, factors that can be considered also include:

  • where the child’s roots are;
  • where the child’s extended family lives;
  • where the child has the strongest bonds (such as connections to daycare, school, church, service and health care providers, and community);
  • where the parents/guardians have a home, job, and social life;
  • where there are other court orders already in place;
  • whether there is a difference between court processes that will affect how quickly and inexpensively the issue can be resolved; and
  • whether there is a difference between the laws that will affect the welfare of the child.

In many cases, the issue of where a person is ordinarily resident will be clear. But sometimes it is not as easy to tell. For example: if you have 2 homes in 2 different provinces.

If you are asking a court to determine residency, you can include documents related to the above issues with your court paperwork.

Why does “residency” matter?

As described above in the “Jurisdiction: What is it and why does it matter?” section, Alberta laws do not generally apply to people who do not live (or “reside”) in Alberta. The Alberta Courts generally do not have the authority to make orders for families that live in another jurisdiction, or to make orders about property that is located in another jurisdiction.

When dealing with legal issues across borders (also called “interjurisdictional” issues), you may need to look at the issue of “residency.” In other words, do the people involved usually “reside” in Alberta? Or do they “reside” in another jurisdiction? This can affect how you need to deal with your legal issue.

More information

For more general information about residency and why it matters, see the following resources.

Web What’s my province of residence?
H&R Block
English
This is a private source. Learn more here.

Web Determining an Individual’s Residence Status
Government of Canada
English
This resource can be a challenge to read. Learn more here.

Web Détermination du statut de résidence d’un particulier
Government of Canada
French
This resource can be a challenge to read. Learn more here.
Finding legal information in other Canadian provinces

If you have a legal matter that involves another Canadian province or territory, there are organizations that can help you. The list below does not include all of the organizations that may exist in other provinces. However, it is a good starting point for your research.

British Columbia

Web Clicklaw
Clicklaw
English

Web Legal Services Society
Legal Services Society
English

Web People's Law School
People's Law School
English

Web Justice Education Society
Justice Education Society
English

Web Ministry of Justice & Attorney General
Government of British Columbia
English

Manitoba

Web Community Legal Education Association
Community Legal Education Association
English

Web Manitoba Justice
Government of Manitoba
English

Web Justice Manitoba
Government of Manitoba
French

New Brunswick

Web Public Legal Education and Information Service of New Brunswick
Public Legal Education and Information Service of New Brunswick
English, French

Web New Brunswick Department of Justice
Government of New Brunswick
English

Web Justice et Sécurité publique
Government of New Brunswick
French

Newfoundland and Labrador

Web Public Legal Information Association of Newfoundland and Labrador
Public Legal Information Association of Newfoundland and Labrador
English

Web Newfoundland and Labrador Department of Justice and Public Safety
Government of Newfoundland and Labrador
English

Northwest Territories

Web Northwest Territories Department of Justice
Government of Northwest Territories
English

Web Éducation, Culture et Formation: Programs and Services
Government of the Northwest Territories
French

Nova Scotia

Web Legal Information Society of Nova Scotia
Legal Information Society of Nova Scotia
English

Web Nova Scotia Department of Justice
Government of Nova Scotia
English

Nunavut

Web Nunavut Department of Justice
Government of Nunavut
English, Other languages

Web Ministère de la Justice
Government of Nunavut
French

Web ᐱᓕᕆᐊᒃᓴᕗᑦ
Government of Nunavut
Inuktitut

Web Tunngahurit Titiraq
Government of Nunavut
Inuinnaqtun

Ontario

Web Your Legal Rights
Your Legal Rights
English

Web Espace francophone
Your Legal Rights
French

Web Community Legal Education Ontario
Community Legal Education Ontario
English

Web Éducation juridique communautaire Ontario
Community Legal Education Ontario
French

Web Family Law Education for Women
Metropolitan Action Committee on Violence Against Women and Children
Arabic, Chinese, English, Farsi, French, Korean, Punjabi, Russian, Somali, Spanish, Tamil, Urdu

Web Justice Ontario
Government of Ontario
English

Web Justice Ontario
Government of Ontario
French

Prince Edward Island

Web Community Legal Information Association of Prince Edward Island
Community Legal Information Association of Prince Edward Island
English

Web Le contenu français
Community Legal Information Association of Prince Edward Island
French

Web Prince Edward Island Department of Justice and Public Safety
Government of Prince Edward Island
English

Saskatchewan

Web Public Legal Education Association
Public Legal Education Association of Saskatchewan
English

Web Justice, Crime, and the Law
Government of Saskatchewan
English

Québec



Web Justice in Québec
Government of Québec
English

Web Ministère de la Justice
Government of Québec
French

Yukon

Web Yukon Public Legal Education Association
Yukon Public Legal Education Association
English

Web Yukon Department of Justice
Government of Yukon
English, French

Web Justice: Pouvons-nous vous aider?
Government of Yukon
English
Finding legal information in other countries

The laws in other countries can be very different from the laws of Canada. When dealing with a legal matter outside of Canada, do not assume that what is “normal” here will be normal in the other country. You will need to carefully research your legal topic in the other country. You may also need legal advice from a lawyer in that country.

For general information about legal matters when travelling outside of Canada, see the following resources.

Web While You’re Away
Centre for Public Legal Education Alberta
English

Web A Guide for Canadians Imprisoned Abroad
Government of Canada
English

If you need emergency help while outside of Canada, see the following resource.

Web Request emergency assistance
Government of Canada
English

Web Demander de l'aide d'urgence
Government of Canada
French

For other international matters, there are a few places you can start when looking for reliable legal information. These include:

  • Government websites at the national, provincial, or city level in the other country
  • Foreign officials in Canada
  • Canadian embassies or consulates in the other country
  • Public legal education organizations in the other country
  • Non-profit organizations that specialize in your legal matter
Be Aware

There is a lot of legal information online, but not all of it is good information. See “How to identify quality legal information online” for tips about finding reliable and accurate legal information.

If you are in Canada, see the following resource for a list of foreign officials in Canada.

Web Foreign Representatives in Canada
Government of Canada
English

Web Représentants étrangers au Canada
Government of Canada
French

If you are outside of Canada, see the following resource to find your local Canadian embassy or consulate.

Web Embassies and consulates
Government of Canada
English

Web Ambassades et consulats
Government of Canada
French

The rest of this section lists some places that can help in common countries that Canadians may deal with. The countries we include are:

  • The United States
  • The United Kingdom
  • Australia
  • New Zealand
  • India

If your country is not listed above, contact your foreign representative, embassy, or consulate (above) and see the following resource for some good starting points for your research.

Web WorldLII >> Categories >> Countries
World Legal Information Institute
English

For information about doing your own legal research in other countries, see the following resources.

Web Foreign and International Law
Library of Congress
English

Web Other Countries
CanLII
English

Web Autres pays
CanLII
French

Web Researching Domestic Law from Other Countries
University of Windsor
English

Interactive Treaty Law Division: Search
Government of Canada
English

Interactive La Direction du droit des traités : Recherche
Government of Canada
French
Tip

There is more general information about how to do legal research on the Educating Yourself: Legal Research Information Page However, not all of that information will apply outside of Canada.

United States of America

Canada and the United States both divide legal power between the federal government and the provincial/state governments. This is called a “federalist” system of government. However, there are some major differences in how these powers are divided.

For example, criminal matters in Canada are the same across the country. It does not matter what province you live in, because the Criminal Code of Canada is a federal law. The United States is different: each state has its own laws about what is a crime and what is not. Something that is legal in one state may not be legal in another state.

In the same way, marriage and divorce laws are different from state to state.

For more information about the differences between Canadian federalism and American federalism, see the following resources.

Web Comparing Canadian and American Federalism
Marianopolis College
English

PDF The Differing Federalisms of Canada and the United States
Law and Contemporary Problems
English
This resource can be a challenge to read. Learn more here.

You will need to know if your legal matter falls under federal or state jurisdiction. For information about which government has which powers under the United States Constitution, see the following resources.

Web The American System of Federalism
Utah Valley University
English


Web Government: Who takes care of what?
Kids Discover
English

Web Federalism
USLegal
English
This is a private source. Learn more here.

Web U.S. Government: Federal vs. State Powers
SparkNotes LLC
English
This is a private source. Learn more here.

Most family law matters will fall under state jurisdiction. As a result, you should contact legal organizations in that state for help.


Interactive Find Legal Help
American Bar Association
English

Web Legal Aid Assistance
USLegal
English

Interactive Find Legal Aid
Legal Services Corporation
English


Web Civil Legal Aid 101
The United States Department of Justice
English

If you are researching case law and legislation in the United States, see the following resources.

Web Legal Research Guides
Library of Congress
English

Web Researching Domestic Law from Other Countries
University of Windsor
English
See “United States Legal Research.”

United Kingdom

See the following resources to find legal information in the United Kingdom.

Web Advicenow
Law for Life
English

Web I am looking for advice
Law Centres Network
English

Web For the public
Law Society
English

If you are researching case law and legislation in the United Kingdom, see the following resources.

Web Legal Research Guide: United Kingdom
Library of Congress
English

Web Researching Domestic Law from Other Countries
University of Windsor
English
See “UK Legal Research.”

Australia

See the following resources to find legal information in Australia.

Web I need legal help
National Association of Community Legal Centres
English

Web Learn about the Law
FindLaw Australia
English

Web Legal Information for the Community
Law Council of Australia
English

Web Information and Services
Government of Australia
English

If you are researching case law and legislation in Australia, see the following resource.

Web Researching Domestic Law from Other Countries
University of Windsor
English
See “Australia and New Zealand Legal Research.”

New Zealand

See the following resources to find legal information in New Zealand.


Interactive New Zealand CLCs
National Association of Community Legal Centres
English

Web Browse Questions & Answers
LawSpot
English

Web Guides to the law
New Zealand Law Society
English

If you are researching case law and legislation in New Zealand, see the following resource.

Web Researching Domestic Law from Other Countries
University of Windsor
English
See “Australia and New Zealand Legal Research.”

Web New Zealand Legal Information Institute
New Zealand Legal Information Institute
English

Web An Introduction to New Zealand Law & Sources of Legal Information
New York University School of Law
English

India

See the following resources to find legal information in India.

Web Legal Services Clinic
National Law School of India University
English

Web State LSA's Websites
National Legal Services Authority
English

If you are researching case law and legislation in India, see the following resources.

Web Legal Research Guide: India
Library of Congress
English

Web Research Guide: Customary Law in India
Library of Congress
English
Finding a lawyer in other Canadian provinces

Cross-border legal matters can be very complicated. It is always a good idea to get legal advice from a lawyer who practices in the other province. You may even want a lawyer who practices in both provinces, or one lawyer from each province.

Tip

If you can’t afford a lawyer, see the “Getting legal aid in other provinces” section below for more options. You can also ask at the organizations listed above in the “Finding legal information in other provinces” section.

To find a lawyer in another Canadian jurisdiction, you can:

  • Ask your friends and family if they know of anyone
  • Use a Law Society referral service (see below)
  • Search online

Before hiring a lawyer, you will want to do your research about them. Law Society referral services only list lawyers who are “in good standing.” This means that they have paid their fees and are allowed to practice law in that jurisdiction. They do not tell you anything about the lawyer’s skill or work style. Also, some private referral services are really just advertisements that the lawyer paid for.

To use a Law Society referral service for another Canadian province or territory, see the following resource.

Web Our Members: Canada’s Law Societies
Federation of Law Societies of Canada
English

Web Les ordres professionnels de juristes du Canada
Federation of Law Societies of Canada
French

For detailed information about finding a lawyer and the questions to ask when you meet a lawyer, see the Working with a Lawyer Information Page.

Finding a lawyer in other countries

Cross-border legal matters can be very complicated. It is always a good idea to get legal advice from a lawyer who practices in the other country. You may even want one lawyer from each country.

To find a lawyer in another country, you can:

  • Ask your friends and family if they know of anyone
  • Use a lawyer referral service from that country’s Bar Associations or Law Societies (see below)
  • Search online

Before hiring a lawyer, you will want to do your research about him or her. Most official referral services only list lawyers who are “in good standing” with their professional organization. They do not tell you anything about the lawyer’s skill or work style. Also, some private referral services are really just advertisements that the lawyer paid for.

For detailed information about finding a lawyer and the questions to ask when you meet a lawyer, see the following resource and the Working with a Lawyer Information Page.

Web Cross Border Selection of Lawyers – Issues to Consider
Slaw
English
This resource can be a challenge to read. Learn more here.

Below is a list of lawyer referral services in common countries that Canadians may be dealing with.
 

The United States

Web How Do I Find a Lawyer?
American Bar Association
English

Interactive State & Local Bar Associations
American Bar Association
English


The United Kingdom

Web For the public
Law Society
English

Australia

Web How do I find a lawyer?
Law Council of Australia
English

Web Find a Lawyer
FindLaw Australia
English

New Zealand

Web Getting legal help
Government of New Zealand
English

Web How to choose a lawyer
New Zealand Law Society
English

India

Web Society of Indian Law Firms
Society of Indian Law Firms
English
See “Search Member Firms.”
Getting legal aid in other Canadian provinces

If you can’t afford a lawyer, you may be eligible for legal aid. Legal aid is money available for low-income people who need legal advice.

Each province has different requirements about who is eligible for legal aid. Also, each province is different about which legal matters they will help with.

To find a legal aid organization in another Canadian province or territory, see the following resource.

Web Legal Aid Program
Government of Canada
English

Web Programme d'aide juridique
Government of Canada
French
Getting legal aid in other countries

If you can’t afford a lawyer, you may be eligible for legal aid. Legal aid is money available for low-income people who need legal advice.

Not all countries offer legal aid. The countries that do offer legal aid will make their own rules about who is eligible to use the service, and what legal matters they will help with.

Below is a list of legal aid options in common countries that Canadians may be dealing with. Be aware that this resource is from Wikipedia. This means it can be updated by anyone, and may not always be accurate. Be sure you always verify the information by contacting the organizations directly.

Web Legal aid
Wikipedia
English

United States of America

Web Legal Aid Assistance
USLegal
English

Interactive Find Legal Aid
Legal Services Corporation
English

United Kingdom

Interactive Check if you can get legal aid
GOV.UK
English

Australia

Interactive National Legal Aid
National Legal Aid
English

New Zealand

Web Can I get family or civil legal aid?
Government of New Zealand
English

Web Getting legal help
Government of New Zealand
English

India

Web Types of Legal Services Provided
National Legal Services Authority
English
Using Alberta court orders outside of Alberta

You may have an Alberta court order that you need to use outside of Alberta. For example:

  • You have a court order from Alberta and then your family moves to another province or country. You want to transfer the court order to the other jurisdiction.

  • You have a court order from Alberta and you travel to another province or country. You want to be sure your court order will still be in effect during the time you are outside of Alberta.

Depending on what kind of court order you have, these matters can get complicated.

If you are dealing with separation matters across borders, see the Family Breakdown & Out-of-Province Issues Information Page. That Information Page deals with topics such as:

  • Getting a divorce
  • Dividing property
  • Custody, access, and parenting time
  • Child support
  • Spousal support

If you are dealing with other family legal matters across borders, see the Ongoing Family Relationships & Out-of-Province Issues Information Page. That Information Page deals with topics such as:

  • Jointly owning property across borders
  • Powers of Attorney and Personal Directives
  • Guardianship and Trusteeship
  • Estate planning if you have property outside of Alberta
  • Death of an Albertan outside of Alberta
  • Inheriting foreign property
Using non-Alberta court orders inside of Alberta

You may have a court order from another province or country that you need to use in Alberta. For example:

  • You have a court order from British Columbia and then your family moves to Alberta. You want to transfer the court order to Alberta so that you can deal with any future matters here.
  • You have a court order from Manitoba and you are travelling in Alberta. You want to be sure your court order will still be in effect during the time you are in Alberta.

Depending on what kind of court order you have, these matters can get complicated.

If you are dealing with separation matters across borders, see the Family Breakdown & Out-of-Province Issues Information Page. That Information Page deals with topics such as:

  • Getting a divorce
  • Dividing property
  • Custody, access, and parenting time
  • Child support
  • Spousal support

If you are dealing with other family legal matters across borders, see the Ongoing Family Relationships & Out-of-Province Issues Information Page. That Information Page deals with topics such as:

  • Jointly owning property across borders
  • Powers of Attorney and Personal Directives
  • Guardianship and Trusteeship
  • Estate planning if you have property outside of Alberta
  • Death of an Albertan outside of Alberta
  • Inheriting foreign property

Process

Because each person’s situation is different, there is no specific “process” to follow to resolve your cross-border legal issues. Please see the Law tab of this Information Page for:

  • general information about how to approach your problem; and
  • contact details for you to get in touch with the organizations and services that can help you work through your legal issue.

 

Last Reviewed: August 2016

Provincial Court

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