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Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"
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Family Violence in the Family Law Act and the Divorce Act (view source)
Revision as of 17:56, 3 July 2019
, 17:56, 3 July 2019→Family violence and the best interests of the child analysis
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==Family violence and the best interests of the child analysis== | ==Family violence and the best interests of the child analysis== | ||
Part 4, Division 1 of the ''Act'' (s. 37 and s. 38) deal with the factors that determine what's in the ''best interests of the child''. The issue of family violence must be considered in the context of any application to establish or change guardianship, parenting arrangements or contact with a child. | Part 4, Division 1 of the ''Act'' (s. 37 and s. 38) deal with the factors that determine what's in the ''best interests of the child''. The issue of family violence must be considered in the context of any application to establish or change guardianship, parenting arrangements, or contact with a child. | ||
A finding of family violence can greatly impact a court's decision around parenting arrangements and how to allocate parental responsibilities in keeping with the best interests of a child. A court could decide the person responsible for family violence should have no parenting time, supervised parenting time, or no parenting time or responsibilities. | A finding of family violence can greatly impact a court's decision around parenting arrangements and how to allocate parental responsibilities in keeping with the best interests of a child. A court could decide the person responsible for family violence should have no parenting time, supervised parenting time, or no parenting time or responsibilities. | ||
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This said, there are cases where the court granted equal parenting even where one parent was responsible for family violence. It is simply impossible to predict what a court will consider to be in the best interests of a child in any particular case as the analysis is very fact specific. | This said, there are cases where the court granted equal parenting even where one parent was responsible for family violence. It is simply impossible to predict what a court will consider to be in the best interests of a child in any particular case as the analysis is very fact specific. | ||
According to s. 37 of the ''[[Family Law Act]]'', when undertaking the best interests analysis, a court must consider, among other things, the following: | According to s. 37 of the ''[[Family Law Act]]'', when undertaking the best interests analysis, a court must consider, among other things, the following: | ||
* the impact of any family violence on the child’s safety, security or well-being, | * the impact of any family violence on the child’s safety, security, or well-being, | ||
* whether the family violence is directed toward the child or another family member, | * whether the family violence is directed toward the child or another family member, | ||
* whether the actions of a person responsible for family violence indicate that the person may be impaired in their ability to care for the child and meet the child’s needs, | * whether the actions of a person responsible for family violence indicate that the person may be impaired in their ability to care for the child and meet the child’s needs, | ||
* the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, | * the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, and | ||
* any civil or criminal proceeding relevant to the child’s safety, security or well being. | * any civil or criminal proceeding relevant to the child’s safety, security, or well being. | ||
Where specific facts are important, the evidence you produce is important. As such, if you are asking a court to make an order respecting guardianship, parenting arrangements or contact with a child and there has been family violence, or if you are defending such an application, it is important to focus evidence that addresses these factors. | Where specific facts are important, the evidence you produce is important. As such, if you are asking a court to make an order respecting guardianship, parenting arrangements, or contact with a child and there has been family violence, or if you are defending such an application, it is important to focus on evidence that addresses these factors. | ||
==Conduct orders== | ==Conduct orders== | ||