Difference between revisions of "Parenting Orders, Guardianship, and Contact (3:XI)"
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=== 1. Supreme Court === | === 1. Supreme Court === | ||
The Supreme Court has jurisdiction to deal with all matters relating to custody, guardianship and access to children, pursuant to the ''DA'', the ''FLA'', and the ''CFCSA''. Although, the Court almost never deals with the ''CFCSA'' unless there is the matter of adoption to be considered. | The Supreme Court has jurisdiction to deal with all matters relating to custody, guardianship and access to children, pursuant to the ''DA'', the ''FLA'', and the ''CFCSA''. Although, the Court almost never deals with the ''CFCSA'' unless there is the matter of adoption to be considered. The Supreme Court also has jurisdiction over orders restraining contact or entry to the matrimonial home. | ||
The Supreme Court has ''parens patriae'' jurisdiction over all children in the province. In operation, this can allow the Court to transcend the statutory letter of the law in the best interests of the child. | The Supreme Court has ''parens patriae'' jurisdiction over all children in the province. In operation, this can allow the Court to transcend the statutory letter of the law in drafting orders that best represent the best interests of the child. | ||
A written agreement about custody or guardianship may be given the force of a court order under section 44 of the ''FLA''. Under the ''FRA'', the relevant sections were 121 and 122. Any orders made under the ''FRA'' are still in force. An order made under the ''DA'' can be registered for enforcement in any other province’s Supreme Court registry. | A written agreement about custody or guardianship may be given the force of a court order under section 44 of the ''FLA''. Under the ''FRA'', the relevant sections were 121 and 122. Any orders made under the ''FRA'' are still in force. An order made under the ''DA'' can be registered for enforcement in any other province’s Supreme Court registry. | ||
=== 2. Provincial Court === | === 2. Provincial Court === | ||