Resources for Family Law Cases subject to Hague Convention

Posted on: May 17th, 2018 by Suzanne Deliscar Add A Comment

Family law litigants serving documents abroad must make sure they do so in compliance with an international convention on the subject, Brampton lawyer-linguist Suzanne Deliscar tells

Deliscar, principal of Deliscar Professional Corporation, a law firm that offers services in English, French and Spanish, explains that a landmark 2016 Divisional Court decisionconfirmed that family law litigants in Ontario are subject to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague Service Convention).

She says that cross-border mobility means that an increasing number of her family law cases have an international dimension, with the bulk of them featuring a party based in the U.S., a signatory of the Hague Convention.

“Canada is also a signatory, and it’s very important to ensure that documents are served in accordance with the procedures the convention sets out,” Deliscar says, adding that Legal Aid Ontario (LAO) has created a number of resources to help lawyers and litigants with compliance, in partnership with the province’s Ministry of the Attorney General.

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