Family Violence in the Family Law Act and the Divorce Act: Difference between revisions
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Family Violence in the Family Law Act and the Divorce Act (view source)
Revision as of 17:32, 3 July 2019
, 3 July 2019→Family violence under the Family Law Act
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* parenting arrangements and what is in the best interests of a child. | * parenting arrangements and what is in the best interests of a child. | ||
Part 9 of the ''Act'' deals with protection orders that can restrain a family member from communicating with, following or going near another family member, or from possessing weapons. These are discussed first. | Part 9 of the ''Act'' deals with protection orders that can restrain a family member from communicating with, following, or going near another family member, or from possessing weapons. These are discussed first. | ||
Part 4, Division 1 of the ''Act'' deals with care of and time with children. Sections 37 and 38 say family violence as a very important factor when assessing the ''best interests of a child'' and making an agreement or order about care of and time with children. | Part 4, Division 1 of the ''Act'' deals with care of and time with children. Sections 37 and 38 say family violence as a very important factor when assessing the ''best interests of a child'' and making an agreement or order about care of and time with children. | ||
===Definition of family violence=== | ===Definition of family violence=== | ||
The ''[[Family Law Act]]'' defines family violence in a broad and inclusive way to capture more than just forceful physical contact. Non-physical forms of abuse such as harassment, intimidation and even financial sabotage can qualify where these actions instill fear. No long-term intention to follow through with the act being threatened is required for it to be considered family violence. | The ''[[Family Law Act]]'' defines family violence in a broad and inclusive way to capture more than just forceful physical contact. Non-physical forms of abuse such as harassment, intimidation, and even financial sabotage can qualify where these actions instill fear. No long-term intention to follow through with the act being threatened is required for it to be considered family violence. | ||
Section 1 of the ''[[Family Law Act]]'' defines the term: | Section 1 of the ''[[Family Law Act]]'' defines the term: | ||
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So far, the courts have found a wide range of actions to be ''family violence''. The following are just some examples of family violence: | So far, the courts have found a wide range of actions to be ''family violence''. The following are just some examples of family violence: | ||
* In [http://canlii.ca/t/hwqqr S.A.H. v J.J.G.V.], 2018 BCSC 2278, the court found that a father consistently arguing that the mother's and the children's actions were contrary to scripture and sinful amounted to spiritual abuse and fits into the broad definition of family violence in the Family Law Act. | * In [http://canlii.ca/t/hwqqr ''S.A.H. v. J.J.G.V.''], 2018 BCSC 2278, the court found that a father consistently arguing that the mother's and the children's actions were contrary to scripture and sinful amounted to spiritual abuse and fits into the broad definition of family violence in the ''Family Law Act''. | ||
* In [http://canlii.ca/t/hvw3v N.M.A v. K.D.L.], 2018 BCSC 1879, the court found that derogatory and abusive language in the father's emails to the mother was beyond mere bickering and unpleasantness and this kind of language, especially when it occurs over an extended period of time, can amount to emotional abuse and be family violence. | * In [http://canlii.ca/t/hvw3v N.M.A v. K.D.L.], 2018 BCSC 1879, the court found that derogatory and abusive language in the father's emails to the mother was beyond mere bickering and unpleasantness and this kind of language, especially when it occurs over an extended period of time, can amount to emotional abuse and be family violence. | ||
* In [http://canlii.ca/t/hxcc8 S.A.W. v. P.J.W.], 2018 BCPC 376, the court found that belitting, demeaning and insulting that rises to a certain level where one parent targets the other repeatedly in front of others can fit into the definition, although it would likely be at the lower end of the scale. | * In [http://canlii.ca/t/hxcc8 S.A.W. v. P.J.W.], 2018 BCPC 376, the court found that belitting, demeaning and insulting that rises to a certain level where one parent targets the other repeatedly in front of others can fit into the definition, although it would likely be at the lower end of the scale. | ||