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Difference between revisions of "Family Law Act Basics"
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Family violence does not include a person’s use of force to protect him- or herself, or someone else, from family violence. | Family violence does not include a person’s use of force to protect him- or herself, or someone else, from family violence. | ||
=== | ===What are the duties of professionals?=== | ||
Family justice counsellors, mediators, lawyers, arbitrators, and parenting coordinators are required to assess for family violence and the extent to which it affects someone’s safety or ability to negotiate, and to discuss how different family dispute resolution processes may or may not be appropriate. | Family justice counsellors, mediators, lawyers, arbitrators, and parenting coordinators are required to assess for family violence and the extent to which it affects someone’s safety or ability to negotiate, and to discuss how different family dispute resolution processes may or may not be appropriate. | ||
=== | ===How do you determine what is in children’s best interests?=== | ||
To decide what is in a child’s best interests, parents and judges must consider all of the needs and circumstances of the child and a number of factors that are listed at s. 37 of the ''Family Law Act''. The best interests factors include the impact of any family violence on the child. | To decide what is in a child’s best interests, parents and judges must consider all of the needs and circumstances of the child and a number of factors that are listed at s. 37 of the ''Family Law Act''. The best interests factors include the impact of any family violence on the child. When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out at s. 38 and include: | ||
When family violence is an issue, parents and judges must consider an additional list of factors to assess the impact of the family violence on the child and on a person’s capacity to care for the child. The family violence factors are set out at s. 38 and include: | |||
*the nature and severity of the family violence, | *the nature and severity of the family violence, | ||
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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. | 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?=== | |||
The court can make an order against one family member to protect another family member. Protection orders can include orders: | The court can make an order against one family member to protect another family member. Protection orders can include orders: | ||
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Protection orders remain in force for one year, unless the protection order says otherwise. Protection orders can be renewed. | Protection orders remain in force for one year, unless the protection order says otherwise. Protection orders can be renewed. | ||
==== | ====Applying for a protection orders==== | ||
A person at risk of family violence, or someone on that person’s behalf, can ask the court for a protection order as long as the at-risk person and the person from whom the protection order is sought are ''family members'' as defined by s. 1. In general, a "family member" is someone who lives with the other person, someone who is a spouse of the other person and someone who is a parent with the other person. People who don't live together and are just dating will not quality as "family members." | A person at risk of family violence, or someone on that person’s behalf, can ask the court for a protection order as long as the at-risk person and the person from whom the protection order is sought are ''family members'' as defined by s. 1. In general, a "family member" is someone who lives with the other person, someone who is a spouse of the other person and someone who is a parent with the other person. People who don't live together and are just dating will not quality as "family members." | ||
Applications for protection orders can be made without notice to anyone else, and may be made whether there is an existing | Applications for protection orders can be made without notice to anyone else, and may be made whether there is an existing court proceeding or not. | ||
==== | ====Protection orders that conflict with other orders==== | ||
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. | 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 protection orders and are made under the ''Criminal Code'' or under the laws of another jurisdiction. | This rule applies to orders that are like protection orders and are made under the ''[http://canlii.ca/t/7vf2 Criminal Code]'' or under the laws of another jurisdiction. | ||
==== | ====Enforcing protection orders==== | ||
Protection orders cannot be enforced under the ''[[Family Law Act]]'' or the provincial ''Offence Act''. They can only be enforced under s.127 of the ''Criminal Code'', which makes breach of a court order a criminal offence. | 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 ''[[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. | 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. | ||
