[skier208]

My ex-husband and I divorced in Idaho. Immediately after the divorce, my children and I moved to Colorado, with my ex-husband's permission. My ex-husband stayed in Idaho. Subsequently, the court in Idaho relinquished child custody jurisdiction to Colorado. Jurisdiction on all other matters, including child support, remain in Idaho. After a very long, very costly court battle, the Colorado family court modified our original visitation agreement by issuing an Order of Supervised Visitation. Ever since then, my ex-husband never once made an attempt to see our children.

Fast forward to today: My ex-husband now lives in Canada, is years in arrears on child support and Idaho is garnishing his wages through a reciprocal agreement with British Columbia. He now filed paperwork in the BC Provincial court to enforce our original child visitation agreement (the one the Colorado district court modified by issuing an Order of Supervised Visitation). And more importantly, he is asking the Canadian court to cut his child support payments in half and wipe out his arrearage over my supposed refusal to let him see our children.

My question is this: Can a Canadian court modify an existing Idaho child support order and an existing Colorado child visitation order? As in, will the family courts in Idaho and Colorado respectively honor a possible judgment by a Canadian court in my ex-husband's favor? I say "in his favor" because I do not have the financial means to engage in yet another costly court battle and re-litigate our divorce in Canada. It also means that any Canadian court proceedings would most likely take place without me present. My children and I are Colorado residents with no connection to Canada other than the fact that their father now happens to live there.

[Fr_Chuck]

You should hire an attorney, that works the court where he filed. Have them petion to dismiss the case, because they do not have jurisdiction.

[ScottGem]

According to US law, Colorado now has full jurisdiction. As long as he remained in Idaho, Idaho would have jurisdiction (not sure how you got custody issues transferred to CO). But once he left ID, jurisdiction fell to the children's home state which since you have been CO for more than 6 months (I'm assuming) is CO.

Canada and the US generally reciprocate on court judgments. So I think you can get his suit dismissed on the basis of lack of jurisdiction. I would see if there is a clinic at a local law school that can help you prepare such a motion to dismiss.

I would also check with your local Family court to see whether they would honor a custody order issued by a Canadian court and check with ID to see if they would honor such a support order.

What are the terms of the current visitation? He can still force enforcement of that.

[skier208]

In my divorce agreement, my ex-husband gave me full legal and physical custody of our children, and he gave us permission to move to Colorado. My attorney subsequently filed a petition with the ID district court to relinquish all matters of custody/visitation, which was granted. The legal wrangling then moved through the Colorado family courts, where the result was an order of supervised visitation.

The court order re: visitation states that any visitation has to be supervised by a licensed mental health professional, to be paid for by my ex-husband. Of course I am more than wiling to comply with the court order, but my ex has never once made any attempt to set up supervised visitation. As a matter of fact, he hasn't been anywhere near the state of Colorado in probably about five years, since the day of our final court hearing. For some reason, he is under the impression that CO has a warrant out for his arrest because he is over four years in arrears on his child support. That of course is absolutely nonsense, as child support is, and always has been, handled in Idaho.

My big worry is that he is now trying to make an end run around hard-fought court orders in both ID and CO by re-litigating our divorce in British Columbia. He knows I have very limited means and I'm in no position to engage in yet another years-long court battle over a thousand miles away.

[ScottGem]

Was he still living in ID when the court granted jurisdiction to CO? I'm still surprised that it ceded jurisdiction. But that is really a moot point.

As I said, the key here whether BC will try to claim jurisdiction. I don't believe they will. So a motion to dismiss on the grounds of no jurisdiction would be the first step. That should be able to be handled by mail.

You said he has filed paperwork in BC. Have you seen copies of what was filed? Have you received any communication from the BC court at all?

[AK lawyer]

About Idaho ceding jurisdiction to Colorado, it is my recollection that there is language in the UCCJEA for courts of sister states to cooperate on certain issues.

... my supposed refusal to let him see our children. ...

Is he being allowed to have his visitation (per the Idaho decree as modified by the Colorado court) in Canada?

Even were the BC court to assume jurisdiction and issue a decree, I doubt that the Colorado court would honor it.

OP should consider moving, in the Colorado court, to require the ex husband to dismiss his BC action.

... any Canadian court proceedings would most likely take place without me present.

If the BC court holds a hearing, you can look into the possibility of attending by telephone.