Changes

Jump to navigation Jump to search
28 bytes removed ,  16:38, 29 November 2016
Line 292: Line 292:  
<blockquote><blockquote><tt>(b) if necessary for the purpose of paragraph (a), use reasonable force.</tt></blockquote></blockquote>
 
<blockquote><blockquote><tt>(b) if necessary for the purpose of paragraph (a), use reasonable force.</tt></blockquote></blockquote>
   −
The Potential Impact of a finding of Family Violence on Parenting Arrangements
+
====Potential impact on parenting arrangements====
 
A finding by a court that family violence has occurred could impact on a court’s decision on what parenting arrangements and what allocation of parental responsibilities are in the best interests of a child.  For example, a court could determine that the perpetrator of family violence should have no parenting time, supervised parenting time, or that all of the parental responsibilities go to the survivor of family violence. However, there have been other cases where having concluded that family violence has occurred, the court still determined that sharing parenting time equally between the parents is in the child’s best interests. 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.   
 
A finding by a court that family violence has occurred could impact on a court’s decision on what parenting arrangements and what allocation of parental responsibilities are in the best interests of a child.  For example, a court could determine that the perpetrator of family violence should have no parenting time, supervised parenting time, or that all of the parental responsibilities go to the survivor of family violence. However, there have been other cases where having concluded that family violence has occurred, the court still determined that sharing parenting time equally between the parents is in the child’s best interests. 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.   
 
However, according to s. 37 of the ''[[Family Law Act]]'', in the best interests analysis, a court must consider, amongst other things the following:
 
However, according to s. 37 of the ''[[Family Law Act]]'', in the best interests analysis, a court must consider, amongst other things the following:

Navigation menu