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When it comes to child support in Ontario, things can get more complicated if one parent lives or moves overseas—especially to a country like China. If you're a separated or divorced parent in Toronto and the other parent is relocating to China, here’s what you need to know about how that affects child support.
Is Child Support Still Owed if a Parent Moves to China?
Yes. Under Ontario law, child support obligations do not end just because a parent moves out of the country. The parent still has a legal duty to support their child, regardless of where they live.
Enforcing Child Support Orders Internationally
This is where things can get tricky. Canada has agreements with several countries under the Interjurisdictional Support Orders Act (ISO) and reciprocal enforcement arrangements. Unfortunately, China is not currently one of those countries with a reciprocal agreement with Ontario.
This means enforcing a Canadian child support order against a parent living in China may be more difficult—but not impossible. You may need to:
Work with a lawyer in China.
Register the Canadian order in a local Chinese court.
Explore enforcement under Chinese family law (which differs significantly from Ontario law).
Options for Parents in Toronto
If you're the parent staying in Toronto and the other parent is moving to China, here are some steps to consider:
1. Seek a Court Order Before the Move
Make sure you have a valid Ontario court order for child support. If possible, address the possibility of international relocation ahead of time.
2. Apply Under the ISO Act if Possible
Although China isn't a reciprocating jurisdiction, it's still worth exploring your options under the ISO. Sometimes, informal enforcement can still happen with legal help abroad.
3. Explore Alternative Enforcement
If formal enforcement fails, you may be able to work through diplomatic channels, legal counsel in China, or even through the other parent’s assets in Canada (e.g., bank accounts, property, or tax returns).
4. Talk to a Toronto Family Lawyer
This is where having legal support makes a difference. A family lawyer familiar with international child support issues can guide you through enforcement options and court procedures.
Can the Moving Parent Avoid Child Support by Relocating to China?
Relocation doesn’t eliminate their obligations. While enforcement can be more difficult, evading support can have consequences in Canada—such as:
Suspension of driver’s licenses
Denial of passports
Garnishment of income or assets in Canada
It may also affect future custody or access claims if the parent is seen as failing to support their child.
Even when international borders complicate things, your child still has the right to financial support. If you’re dealing with a co-parent moving to China, it’s crucial to understand your legal rights and options under Ontario law.
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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