What is the process if the other person lives in a reciprocating jurisdiction that still requires a provisional order?
If the respondent (the person responding to the application) lives in a reciprocating jurisdiction that requires a provisional order, the Ontario court will consider the application and make a provisional order. The order, sworn evidence and any transcript will be sent to the court in the reciprocating jurisdiction for a confirmation hearing. If the applicant lives in a reciprocating jurisdiction that requires a provisional order, the court in the reciprocating jurisdiction issues a provisional order and transcript, which goes to the Ontario court for an order to be made. Even if the court in Ontario receives a provisional order, under the ISO Act, the court will treat the provisional order in the same manner as a sworn, forms-based application. This means the provisional order will be heard in writing unless the court orders otherwise.
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