Children's Law Reform Act Flashcards
1
Q
Purpose
A
locate child and ensure safety, keep peace and make all reasonable efforts to resole dispute/enforce court orders
2
Q
Court Orders
A
- CLRA: prov statute
- Court Orders - orginate/endorsed in Ontario
- Police required to make reasonable efforts
- investigations should include validity of order
- Origin, dates, signatures, court seals, discussion with counsel, contacting court if required
3
Q
Order Where Child Unlawfully Withheld
A
- where child unlawfully withheld contrary to existing parenting order/contact order
- court by order may authorize applicant or someone on their behalf to apprehend child
- in order for right of applicant decision making
4
Q
Order to Locate and Take Child (6am-9pm)
A
- where person is unlawful withholding child from person entitled to custody/access OR
- person removes/plans to remove child from Ontario, contrary to existing order
- refers to police service in jurisdiction where child is believed to be located
- court may direct police to locate, apprehend and deliver
5
Q
Duty Act
A
police shall do things reasonably able to locate, apprehend and deliver child
6
Q
Entry and Search 6am to 9pm
A
- where order exists
- police may enter and search and place
- RPG to believe child located
- using such assistance and force as are reasonable in the circumstances
7
Q
Fail to Comply
A
“Disobey Court Order” does NOT apply to custodial orders (civil motion of contempt must be filed by complainant)
- Charged with Contempt of Court Order
- Done through counsel or private motion, NOT POLICE
8
Q
Restraining Order
A
- stand alone from issued by Family Court
- interim or final order
- Restraining from:
- directly or indirectly contacting or communicating with the applicant or any child in applicants lawful custody
- the applicant OR children in applicant’s lawful custody
- person contravening thereby disobeys court
