Difference between revisions of "Family Law Act Basics"
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*the harm caused to the child’s safety and well-being. | *the harm caused to the child’s safety and well-being. | ||
The '' | The ''Family Law Act'' also says that an agreement or order is presumed not to be in the best interests of a child unless it protects the child’s safety and well-being to the greatest extent possible. | ||
===What are protection orders?=== | ===What are protection orders?=== | ||
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====Protection orders that conflict with other orders==== | ====Protection orders that conflict with other orders==== | ||
If a protection order conflicts with another order made under the '' | If a protection order conflicts with another order made under the ''Family Law Act'', like an order for parenting time or contact with a child, the parts of the earlier order that are in conflict with the protection order are suspended until either the order is changed to remove the conflict or the protection order expires. | ||
This rule applies to orders that are like '' | This rule applies to orders that are like ''Family Law Act'' protection orders but are made under the ''[http://canlii.ca/t/7vf2 Criminal Code]'' or under the laws of another jurisdiction. | ||
====Enforcing protection orders==== | ====Enforcing protection orders==== | ||
Protection orders cannot be enforced under the '' | Protection orders cannot be enforced under the ''Family Law Act'' or the provincial ''[http://canlii.ca/t/848d Offence Act]''. They can only be enforced under s.127 of the ''[http://canlii.ca/t/7vf2 Criminal Code]'', which makes breach of a court order a criminal offence. | ||
The '' | The ''Family Law Act'' directs police officers to take <span class="noglossary">action</span> to enforce a protection order, and to use reasonable force if necessary. | ||
==Out-of-court processes== | ==Out-of-court processes== | ||