Q: Question about court order
"I have a court order from the state of Georgia requiring me to visit my 2- and 4-year-old children in Montreal twice a month. However, every time I cross the border, I'm faced with numerous questions, and the authorities tell me they don’t recognize the court order because it’s from the U.S. and not Canada. My question is: Can I take this court order to a court in Montreal and have it enforced there?"
Note when I googled the question the answer was
Can a US judgment be enforced in Canada?
Subject to upholding natural justice principles, Canadian courts take a generous approach to recognizing American judgments, and once an American judgment is recognized in Canada, it is enforceable as if it were a Canadian judgment.
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A:
It sounds like you're facing a tough situation with the cross-border complications. The challenge you're running into is that a U.S. court order isn’t automatically recognized in Canada. To have your court order enforced in Montreal, you would likely need to take it to a Canadian court to get it recognized and enforced under Canadian law.
Canada and the U.S. do have processes in place to recognize each other’s court orders, especially when it comes to family law matters. You would likely need to file the U.S. court order in a Quebec court and request that it be recognized. The court would review the order, ensuring it aligns with Canadian laws and that it respects the principles of justice.
It may also be worth consulting with a legal professional in Canada who is familiar with family law and international court orders, as they can guide you through the process of recognition and enforcement. This could help reduce the difficulties you’re facing at the border and ensure smoother visits with your children.
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