When you receive a Notice of Registration of a Support Order Made Outside of Canada, it is a good idea to speak to a lawyer for advice as soon as possible. These FAQs do not take the place of legal advice. Court staff cannot give you legal advice. For ways to get legal advice, click here.
Yes, in some cases. You may be able to make an application to request that the registration of the support order be set aside. There are time limits and special rules involved in making this kind of application. Getting legal advice right away on whether your situation may qualify and how to make the application is very important.
This can be difficult to sort out without having legal advice. Applications to set aside can be made only in certain situations. Some things a judge will want to know about when making a decision are:
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Did a party to the order have proper notice or have a reasonable opportunity to be heard in the proceeding in which the order was made?
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Is the order contrary to the public policy of Nova Scotia?
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Did the court or administrative body that made the order have the jurisdiction to make the order?
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That will depend on the facts of each case. You will always need to file an affidavit. For more information on filing affidavits, click here.
1. Make 4 copies of the Notice.
2. File the original at the court where the Notice of Registration was issued. It must be filed within 30 days after you received the Notice of Registration.
3. Serve a copy of the Notice to Set Aside on a Nova Scotia Reciprocity Officer at least 60 days before the date the application is to be heard in court. This can be done by registered mail or by personal service to one of the people listed below:
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Angela Adams NS Reciprocity Officer 1690 Hollis Street, 4th floor Halifax, NS B3J 1V7 |
Monique Pelrine NS Reciprocity Officer 1690 Hollis Street, 4th floor Halifax, NS B3J 1V7 |
4. Serve a copy of the Notice to Set Aside on the party who claimed or applied for the foreign order. This may be done by registered mail and take place at least 60 days before the date the application is to be heard in court. You must serve the other party at their last known address on the court file.
5. If there is no address for the party on the court file, you must serve the appropriate authority from the place that sent the foreign order to Nova Scotia. You must serve the appropriate authority by registered mail. You may contact the court officer listed on the Notice of Registration to get the address for the appropriate authority.
You will need to file an Affidavit of Service with the court to confirm when and how service was completed for each person served. You can find a basic form of Affidavit of Service here.
The full Interjurisdictional Support Orders Act, S.N.S. 2002, as amended, may be found here.
The full Interjurisdictional Support Orders Regulations, NS Reg. 40/2013, as amended, may be found here.
If you are applying to set aside registration of a foreign order involving the Divorce Act, you can find information about s. 19.1 of the Divorce Act here, and the full consolidated Divorce Act, RSC, 1985, c 3 (2nd Supp.) here.