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Difference between revisions of "Protecting Property and Debt in Family Law Matters"
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Protecting Property and Debt in Family Law Matters (view source)
Revision as of 16:46, 27 March 2013
, 16:46, 27 March 2013→Protecting Property Outside British Columbia
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*The Supreme Court of British Columbia can make an order requiring a person to do or not do something when that person accepts the authority of the court, even where that person lives outside the province. | *The Supreme Court of British Columbia can make an order requiring a person to do or not do something when that person accepts the authority of the court, even where that person lives outside the province. | ||
*A person is | *A person is considered to have accepted the authority of the court by responding to a court proceeding. Once an out-of-province Respondent files a Response to Family Claim in reply to the Claimant's Notice of Family Claim, he or she has accepted the jurisdiction of the court to deal with the litigation. This is called ''attorning'' to the jurisdiction. | ||
*When someone attorns to the jurisdiction of the courts of British Columbia, they submit to the court's authority. The court still may not have the authority to make orders about things located outside the province, but it does have the authority to make orders about the person located outside the province. This is called "''in personam'' jurisdiction". | *When someone attorns to the jurisdiction of the courts of British Columbia, they submit to the court's authority. The court still may not have the authority to make orders about things located outside the province, but it does have the authority to make orders about the person located outside the province. This is called "''in personam'' jurisdiction". | ||
*A court with ''in personam'' jurisdiction over a person can make orders requiring the person to do or not do things involving certain kinds of things located outside the province, such as assets like bank accounts, stocks, investment accounts and similar assets that aren't real estate. These assets are called ''movable assets''. | *A court with ''in personam'' jurisdiction over a person can make orders requiring the person to do or not do things involving certain kinds of things located outside the province, such as assets like bank accounts, stocks, investment accounts and similar assets that aren't real estate. These assets are called ''movable assets''. | ||