Section 6.3 — Divorce Act: Child habitually resident outside Canada

If a child of the marriage is not habitually resident in Canada, a court in the province that would otherwise have jurisdiction under sections 3 to 5 to make a parenting order or contact order, or a variation order in respect of such an order, has jurisdiction to do so only in exceptional circumstances and if the child is present in the province. In determining whether there are exceptional circumstances, the court shall consider all relevant factors, including whether there is a sufficient connection between the child and the province; the urgency of the situation; the importance of avoiding a multiplicity of proceedings and inconsistent decisions; and the importance of discouraging child abduction.