Difference between revisions of "Enforcing Orders in Family Matters"

Line 132:

===''Family Law Act'' orders and foreign orders===

Under the ''Family Law Act'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under s. 75, may be enforced in the same way as orders made in British Columbia.

Under the ''[[Family Law Act]]'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under s. 75 of the act, may be enforced in the same way as orders made in British Columbia.

Orders for parenting time and contact are enforced under [http://canlii.ca/t/8q3k Part 4 Division 5]. Under these sections, someone who has been wrongfully denied parenting time or contact may apply to the court and, under s. 61, the court may:

Line 148:

<blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote>

However, the denial must have happened within the last year, and the denial must be ''wrongful''. Under s. 62, denial is not wrongful in the following circumstances:

<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>

@@ Line 132: / Line 132: @@
 ===''Family Law Act'' orders and foreign orders===
-Under the ''Family Law Act'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under s. 75, may be enforced in the same way as orders made in British Columbia.
+Under the ''[[Family Law Act]]'', the court can make orders allocating parenting time among guardians or giving someone who isn't a guardian rights of contact with a child. Foreign orders that are similar to orders for parenting time or contact can be filed in court and, upon being recognized under s. 75 of the act, may be enforced in the same way as orders made in British Columbia.
 Orders for parenting time and contact are enforced under [http://canlii.ca/t/8q3k Part 4 Division 5]. Under these sections, someone who has been wrongfully denied parenting time or contact may apply to the court and, under s. 61, the court may:
@@ Line 148: / Line 148: @@
 <blockquote><blockquote><tt>(ii) a fine not exceeding $5 000.</tt></blockquote></blockquote>
-However, the <span class="noglossary">denial</span>  must have happened within the last year, and the <span class="noglossary">denial</span> must be ''wrongful''. Under s. 62, <span class="noglossary">denial</span> is not wrongful in the following circumstances:
+However, the <span class="noglossary">denial</span> must have happened within the last year, and the <span class="noglossary">denial</span> must be ''wrongful''. Under s. 62, <span class="noglossary">denial</span> is not wrongful in the following circumstances:
 <blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>

Difference between revisions of "Enforcing Orders in Family Matters"

Navigation menu

Search