Children's Law Reform Act Flashcards
Court Orders - Children Law Reform Act
(1) originate in Ontario
(2) Police req’d to make reasonable efforts
(3) investigation: validity of order (origin, dates, signature, court seals)
What happens when Child unlawfully withheld? Under s. 36(1)
(1) court may authorize applicant (anyone) or someone on their behalf to apprehend child
(2) when someone has access to their child, they have decision making responsibility
What we want to see on order s. 36(1)
(1) jurisdiction
(2) child name/DOB
(3) schedule of access/custody
(4) date
(5) official seal/stamp if certified
(6) signature from court
Regarding (Police) when court requests apprehension of child s. 36(2)
(1) unlawfully withhold child
(2) removes child from ontario
court may,
(1) direct police to locate,
(2) apprehend
(3) deliver child
Duty to act under s. 36(2) - Stand alone or existing custody order
(1) Police SHALL do all things reasonable
(2) locate, apprehend and deliver
Entry/Search under s. 36(2)
Police may
(1) enter and search any place 6am-9pm
(2) R&PG to believe child located
(3) force used reasonable under circumstances
If parent fails to comply - Contempt of Court Order
(1) through legal counsel when
(2) wilful contempt or resistance
(2) re custody/access orders
penalty $5,000/or 90 days
Restraining Order
(1) restrains
(2) directly/indirectly
(3) communicating with parent/child having lawful custody
(4) restrains re distances of one/more location
(5) exceptions specified
(6) other provisions
Restraining Order on/after Oct 15/09 - Offence
(1) disobey court order s. 127 CC
Prior to Oct 15/09 - penalty under CLRA using R&PG arrest authority - PART III
Breach Restraining Order (on/after OCT 15/09)
Police may
(1) arrest
(2) reasonable grounds
(3) disobeyed court order
(4) committed indictable offence
GOALS for Police Officers
(1) located child & ensure safety
(2) keep the peace
(3) make all reasonable efforts resolve dispute
