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Difference between revisions of "Enforcing Orders in Family Matters"
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Enforcing Orders in Family Matters (view source)
Revision as of 21:51, 28 June 2019
, 21:51, 28 June 2019→Enforcing orders about the care of children
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There are also remedies if the opposite situation arises | There are also remedies if the opposite situation arises: where 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 one or more parties or a child attend counselling, | |||
*require that the <span class="noglossary">transfer</span> of the child be supervised, | |||
*order that any expenses incurred as a result of the failure be reimbursed, | |||
*require the person to report to the court, or | |||
*require the person to post security. | |||
Under the ''Act'''s extraordinary enforcement provisions, when things have gotten really bad the court may enforce orders for parenting time and contact by: | Under the ''Family Law Act'''s extraordinary enforcement provisions, when things have gotten really bad the court may enforce orders for parenting time and contact by: | ||
#jailing the person for up to 30 days; | #jailing the person for up to 30 days; | ||
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The 1980 ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' is an international treaty between various world governments. The Convention applies to cases of international child abduction. Governments who have agreed to the Convention are called ''contracting states''. The Convention provides a framework for contracting states to ensure abducted children are returned to their country of ''habitual residence''. The Convention only applies to children under the age of 16. | The 1980 ''[http://www.hcch.net/index_en.php?act=conventions.text&cid=24 Hague Convention on the Civil Aspects of International Child Abduction]'' is an international treaty between various world governments. The Convention applies to cases of international child abduction. Governments who have agreed to the Convention are called ''contracting states''. The Convention provides a framework for contracting states to ensure abducted children are returned to their country of ''habitual residence''. The Convention only applies to children under the age of 16. | ||
The Convention's primary goal is to secure the prompt return of children wrongfully removed to or retained in a contracting state. A wrongful removal or retention occurs when a parent, institution or other body’s ''rights of custody'' have been breached according to the law of the child’s habitual residence, usually by one parent’s unilateral removal of a child without the consent of the other parent or the permission of the courts of the habitual residence. Rights of custody can arise under a court order, written agreement or by operation of law. The Convention is not concerned with the merits of custody and is based on the premise that it is in the best interests of children generally to return promptly to their habitual residence, as custody issues are best determined there. The child’s prompt return is also intended to deter parents from crossing international borders in search of a more sympathetic court or for any other reason. | The Convention's primary goal is to secure the prompt return of children wrongfully removed to or retained in a contracting state. A wrongful removal or retention occurs when a parent, institution, or other body’s ''rights of custody'' have been breached according to the law of the child’s habitual residence, usually by one parent’s unilateral removal of a child without the consent of the other parent or the permission of the courts of the habitual residence. Rights of custody can arise under a court order, written agreement, or by operation of law. The Convention is not concerned with the merits of custody and is based on the premise that it is in the best interests of children generally to return promptly to their habitual residence, as custody issues are best determined there. The child’s prompt return is also intended to deter parents from crossing international borders in search of a more sympathetic court or for any other reason. | ||
The Convention also enables access to children across international borders. | The Convention also enables access to children across international borders. | ||
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As of June 11, 2019, the Hague Convention applies between Canada and the following contracting states: | As of June 11, 2019, the Hague Convention applies between Canada and the following contracting states: | ||
:Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Former Yugoslav Republic of Macedonia, Malta, Mauritius, Mexico, Republic of Moldova, Monaco, Morocco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia & Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela and Zimbabwe. | :Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark (except the Faroe Islands & Greenland), Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (Special Administrative Region of China), Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Macau (Special Administrative Region of China), Former Yugoslav Republic of Macedonia, Malta, Mauritius, Mexico, Republic of Moldova, Monaco, Morocco, the Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia & Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, UK Anguilla, UK Bermuda, UK Cayman Islands, UK Falkland Islands, UK Isle of Man, UK Jersey, UK Montserrat, United States of America, Uruguay, Uzbekistan, Venezuela, and Zimbabwe. | ||
As of June 11, 2019, the following contracting states do not have a reciprocating arrangement with Canada: | As of June 11, 2019, the following contracting states do not have a reciprocating arrangement with Canada: | ||
:Armenia, Bolivia, Gabon, Guatemala, Guinea, Iraq, Jamaica, Kazakhstan, Lesotho, Nicaragua, Pakistan, Republic of Korea, Republic of the Philippines, Russian Federation, Seychelles, Thailand, Tunisia and Republic of Zambia. | :Armenia, Bolivia, Gabon, Guatemala, Guinea, Iraq, Jamaica, Kazakhstan, Lesotho, Nicaragua, Pakistan, Republic of Korea, Republic of the Philippines, Russian Federation, Seychelles, Thailand, Tunisia, and Republic of Zambia. | ||
Countries not listed above have elected not to be bound by the Convention. | Countries not listed above have elected not to be bound by the Convention. | ||