Children's Law Reform Act Flashcards
CHILDREN’S LAW REFORM ACT
ORDER TO LOCATE AND TAKE CHILD
Where a person is unlawfully withholding a child from a person entitled to custody of or access to the child. Or the person is trying to remove the child from Ontario.
The court may order and direct a police force having jurisdiction to locate, apprehend and deliver the child to the person named in the order.
For the purpose of locating and apprehending a child in accordance with an order a member of a police force may enter and search any place where he or she has reasonable probable grounds for believing that the child may be with such assistance as such force as are reasonable in the circumstances.
An entry or search referred to in this section shall be made only between 6 AM and 9 PM standard time unless the court, in the order, authorized entry and search at another time.
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CHILDREN’S LAW REFORM ACT
SUMMARY
Apprehension Order - A court may direct a police force in the jurisdiction where the child is unlawfully withheld, to attend and apprehend the child and deliver the child to the person named in the order.
- police have duty to act forthwith
- if police have RG that the child is contained w/in a place can use force to enter and remove the child.
- can only be acted upon __am to ___pm, unless otherwise authorized by the court
Arrest W/O Warrant - RG to believe a restraining order has been violated under sec. 35.
6am and 9pm
CHILDREN’S LAW REFORM ACT
JURISDICTION OF CUSTODY ORDERS IS LIMITED TO THE PROVINCE IT WAS ISSUED IN:
- General Division Family Court Judge (Federal jurisdiction) signs custody orders
- However, the Children Law Reform Act is Provincial legislation,
- Therefore jurisdiction of ALL custody orders is limited to the Province it was issued in.
- CAUTION - do not act on a custody order from a different province – Many custody orders will state that officers outside the province in which the order was obtained shall enforce the order – do not act on them.
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CHILDREN’S LAW REFORM ACT
DISPUTE OVER CUSTODY - NO CUSTODY ORDER IN PLACE:
- if custody order does not exist – each parent is equally entitled to custody of child
- Officers have no authority to enforce access of a child to a parent in this situation.
- Officers are there to keep the peace – and advise the parents to go before the Family Court and obtain an interim custody order.
- Officers have NO authority to apprehend the child unless there is an apprehension order or the child is “in need of protection”.
- based on the information provided by the parent, the court will decide on the urgency of issuing an interim custody order. If urgent, the court could grant a custody order that day. If it is not an emergency, a custody order may not be issued for days/weeks. This interim custody order is just until the court can have both parents attend and give their input. Once the parents have had this hearing, the Judge will issue a final custody order.
Answer on Front
CHILDREN’S LAW REFORM ACT
DISPUTE OVER CUSTODY - CUSTODY ORDER IN PLACE:
- It is also common for officers to attend incidents in which one parent has denied access to the other, despite a custody order in existence
- It is up to the court to decide if the parent had a legitimate reason to deny access – ie, parent believes the child might suffer physical or emotion harm if given to the other parent, other parent showed up impaired by alcohol or drug, the child was sick.
- Advise the parent who was denied access to return to court within the next 30 days.
- Officers have NO authority to apprehend the child unless there is an apprehension order or the child is “in need of protection”.
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CHILDREN’S LAW REFORM ACT
APPREHENSION ORDER - SC. 36(1) CLRA
Apprehension Order
- requires Police to locate, apprehend and deliver child to person named in order
- police authorized to enter/search any place where there is RPG that the child is in
- police authorized to use as much force as is reasonable
- entry into such places is limited to 6am – 9pm unless otherwise authorized
- police must act forthwith
Apprehension Order can be issued if:
- person is withholding child from person entitled to custody/access of child
- person going to remove child from Ontario when Prohibited from doing so
- person going to remove child from Ontario and not return
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CHILDREN’S LAW REFORM ACT
RESTRAINING ORDER - SC. 35(1) CLRA
Restraining Order;
- order restraining person from:
- molesting, annoying, or harassing applicant or children
- or from communicating with applicant or children
- except as order provides
Arrest without warrant (Sc. 35(3) CLRA)
- Police may arrest person without warrant where RPG that Restraining order has been contravened
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CHILDREN’S LAW REFORM ACT
CLRA SUMMARY:
- Custody Orders, officers DO NOT enforce
- Apprehension Orders, the police MUST enforce
- Restraining Orders, the police CAN arrest ***
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