Family Law Act

Question 1

Definition of Spouse

Answer 1

(1) either of two persons

(2) married to each other

Question 2

Definition of Matrimonial Home

Answer 2

(1) property person has interest
(2) is or was at separation
(3) ordinarily occupied
(4) by person and spouse
(5) as their family residence

Question 3

Matrimonial Home exclusion

Answer 3

(1) normally used for other than residential

(2) matrimonial home - necessary to the use and enjoyment of the residence

Question 4

Order for Exclusive Possession

Answer 4

(1) regardless of ownership, court may on application order

• preserve matrimonial home
• direct one spouse given possession
• direct payments by spouses
• direct contents to remain or be removed
• authorized disposition/encumbrance of interest

Question 5

Order for Exclusive Possession

Answer 5

(1) order may be temporary or interim

Considerations

• interests of children
• existing orders
• prenuptial agreement
• financial ability of spouses
• history/violence

Question 6

Arrest Authorities for when a spouse breaches an order of exclusive possession

Answer 6

(1) Police Officer
(2) R&PG
(3) person contravened order for exclusive possession

via Part III POA

Mandatory charge…SHALL

Question 7

What is a restraining order?

Answer 7

(1) interim or final order
(2) restraining
(3) spouse, former spouse, or cohabitant

Question 8

What does a restraining order do?

Answer 8

(1) restrains from directly/indirectly contacting/communicating
(2) restraining from specified distance
(3) Specifying one or more exceptions
(4) anything else considered appropriate by courts

Question 9

Arrest Authority - Disobeying Order

Answer 9

(1) Police officer
(2) RG
(3) person disobeyed court order

Question 10

What is the FLA all about?

Answer 10

Rules surrounding dissolution of marriages

Question 11

Contravene Restraining Order

Answer 11

(1) contravention of order after Oct 15, 2009

(2) become a criminal code offence s. 127 - dual procedure

Question 12

Review Family Law Act. What is the act about, and explain Order of Exclusive Possession and Restraining Order

Answer 12

(1) Dissolution of Marriages

(2)
- Order of Exclusive Possession (Property/Matrimonial Home)
- Spouse contravenes order
- P.O. may arrest on R&PG
- Shall charge via POA - Part III (Mandatory Charge)

(3)

• Restraining Order (Persons)
• includes cohabitated (anyone that lives with you)
• Shall (domestic violence) arrest/charge if order made after Oct 15/09
• if before under FLA s. 46(3)