How the interjurisdictional support order (ISO) process works when the other person lives outside B.C.

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You and the other person live in a different province or country

To use the interjurisdictional support process to get or change a support order, you and the other person involved in your support matter must live in a province, territory or a country that has a formal arrangement with each other regarding support.

If you live in B.C. and want to know whether the place where the other person lives has an arrangement with B.C., you can find these places here:

If you live in B.C. and the other person lives in a place that is not listed as a reciprocating jurisdiction or contracting party you cannot use this interjurisdictional support process.

There are different ways you can get or change an order for child support, spousal support, or both. If you live in B.C. and the other party lives in a jurisdiction that has an arrangement with B.C., you can apply:

  • In a BC court
  • In a court located where the other party lives, or
  • Using an interjurisdictional support process

It is important to talk to a lawyer about what is best for you because:

  • Every family situation is different
  • There are different laws in Canada that may apply in your situation depending on whether or not you were married (Interjurisdictional Support Orders Act and the federal (Divorce Act)
  • If the other person lives outside Canada, you may be able to make an application under the 2007 Hague Convention
  • The interjurisdictional support process only deals with child or spousal support, not other family issues, such as parenting time

Legal information and resources for B.C. residents can be found on Legal Aid BC’s Family Law in BC website.

You are not required to have a lawyer represent you to make an application using the interjurisdictional support process. If you choose to use a lawyer, you are responsible for any lawyer fees.

I do not have a support order and want to get one

If there is no existing support order issued by a court and no agreement between you and the other parent about support:

  • You will be the claimant (if you are applying under provincial ISO law) or the applicant (if you are applying under the Divorce Act)
  • You will complete a set of forms (your support application) that tells a court what you want and why, which will include:
    • Your situation and what you are asking for
    • Which law you are applying under
  • The person living in the other place is the respondent. They will receive formal notice of your application and be directed to submit a response

I have a support order but I want to change it

If you already have a support order or an agreement for support, but there has been a change in circumstance:

  • You will be the applicant (this is the same whether you apply under provincial ISO law or the Divorce Act)
  • You complete a set of forms (support variation application) that tells a court what you want and why, which will include:
    • Your situation (the change in your or your family’s circumstances)
    • Which law you are applying under
  • The person living in the other place is the respondent. They will receive formal notice of your application and will be directed to submit a response

Applying to get or change an order under the 2007 Hague Convention

If the other person (the respondent) lives outside of Canada in a country that is:

  • a Hague contracting party, or
  • both a Hague contracting party and a reciprocating jurisdiction

contact the Interjurisdictional Support Services for further information about a different process you will need to follow.

Starting an application

There are different forms that can make up an application. The forms you complete depend on your situation, the law you are applying under, and the reciprocating jurisdiction where the other person (respondent) lives. To start:

  • Go to Choose Your Forms
  • Answer a short set of questions about your situation
  • Based on your answers, a list of forms and guides (that tell you how to complete the forms) will be selected for you

Remember to:

  • Be as complete as possible (If you do not know the specific address of the respondent in the other jurisdiction, assistance may be available to help locate them)
  • Take your time and be patient
  • Attach your evidence and other supporting documents asked for in the forms
  • Take your application package, once completed, to a Commissioner of Oaths, lawyer or Notary Public so that you may swear or affirm under oath that the information you have provided is true. There may be a fee for this. Your application package is being submitted to the court as evidence, so this is an important step. Further information is available under the heading “Swearing/Affirming your application” in the Introduction and General Information Guide Introduction and General Information Guide (PDF 230 KB)

Note: When you make an application using the ISO process, you are usually not required to attend the court hearing in the jurisdiction where the respondent lives. Your application represents you in the other court. This is why it is important for your application to be complete.

Sending your application to the B.C. Interjurisdictional Support Services (IJSS) office

IJSS is the government office that sends and receives applications between B.C. and other jurisdictions. If you live in B.C. and want to use the interjurisdictional support process to get or change a support order, you must send your completed application to IJSS.

Include 3 copies of the full application package:

  • 1 sworn original
  • 2 sworn photocopies

Applications made under the 2007 Hague Convention have different requirements. Contact IJSS for further information.

It is your responsibility to make sure your application is complete. IJSS cannot provide legal advice, but they will:

  • Check your application
  • Contact you if information is missing
  • Send your application, if complete, to the jurisdiction where the respondent lives
  • Follow up on the status of your application if you request an update

Note: A small number of jurisdictions outside of B.C. may require a provisional order from a BC court as part of the application. A provisional order is a temporary order that has no legal effect until it is confirmed by the court in the other jurisdiction. If your application requires a provisional order, IJSS will:

  • Contact you
  • Send your application to a BC court to request a provisional order be made
  • Include any provisional order made by the BC court in your application being sent to the jurisdiction where the respondent lives

Go to Contact Us for IJSS contact information.

A court hearing in the respondent’s jurisdiction

A government office in the respondent’s jurisdiction will receive and process your application under their own rules and procedures to:

  • Notify the respondent of your application by serving them with a copy
  • Hold a hearing where the court reviews the application, including the respondent’s reply, and makes a decision
  • Contact IJSS, if necessary, if their court requires further information from you
  • Send a copy of any orders made in their court to IJSS who will notify you of the outcome and provide a copy

Note: Some jurisdictions may process your application differently depending on their laws and procedures.

Getting a decision

Getting a decision can be a lengthy process because two different jurisdictions are involved. If the court in the respondent’s jurisdiction is busy or requires more information from you, or if the respondent cannot be located, this can add to the time it takes to get a decision. You can always contact IJSS to ask for an update on the status of your application.

If an order is made in the respondent’s court, IJSS will receive a copy and forward it to you. IJSS can then:

  • Register your order in a BC court, if appropriate
  • Direct you to the BC Family Maintenance Agency if you wish to enroll to have the Agency collect your support payments