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Difference between revisions of "Enforcing Orders in Family Matters"

From Clicklaw Wikibooks
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Even if the court decides that the <span class="noglossary">denial</span> was not wrongful, the court may still make an order for make-up time.  
Even if the court decides that the <span class="noglossary">denial</span> was not wrongful, the court may still make an order for make-up time.  


Under s. 63, the court can also enforce orders for parenting time and contact where the person entitled to parenting time or contact fails to follow the order. In cases like this, the court may:
There are also remedies if the opposite situation arises - namely that a party fails to exercise parenting time or contact.  In those circumstances the other party can apply for an order under section 63 of the Family Law Act for the following types of orders:


#order that the parties attend family dispute resolution,
#order that the parties attend family dispute resolution,
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#requiring the police to take the child to the person who is entitled to parenting time and contact; or,
#requiring the police to take the child to the person who is entitled to parenting time and contact; or,
#when a person with contact refuses to return the child, requiring the police to return the child to the child's guardian.
#when a person with contact refuses to return the child, requiring the police to return the child to the child's guardian.
There are also remedies to address when the opposite situation arises - namely that a party fails to exercise parenting time or contact.  In those circumstances the other party can apply for an order under section 63 of the Family Law Act for an order:
(a) requiring the parties to participate in family dispute resolution;
(b) requiring the party to attend counseling or another specified service or program;
(c) requiring that the transfer of the child from one party to another be supervised;
(d) requiring that the party reimburse the expenses incurred by the other party due to the non-compliance; and
(e) if the court is satisfied that there may be further non-compliance, then an order to post security or to report to the court or to a person named by the court in a manner specified by the court.


===The Hague Convention===
===The Hague Convention===