Family Law Act Flashcards
1
Q
FAMILY LAW ACT
SUMMARY
Order of Exclusive Possession
- one spouse to have possession of the home
- to preserve matrimonial home and contents.
- can order any contents to be removed
- can order spouse to make payments in relation to the home
A
Answer on Front
2
Q
FAMILY LAW ACT
ARREST AUTHORITIES
Breach of Restraining Order, Section 46(3) FLA:
- An officer may arrest without warrant a person the officer believes on RPG has contravened a restraining order issued under the FLA
- It is not absolutely necessary, although at times preferable, that an officer see/have the original order in order to satisfy RPG.
- Although the Criminal Code provides for an offence of disobeying a Court Order - Section 127, this charge is inappropriate in dealings under the Family Law Act.
A
ANSWER ON FRONT
3
Q
FAMILY LAW ACT
Arrest W/O warrant
- any person the a police officer believes has contravened an order for exclusive possession.
- for violating a restraining order
A
ANSWER ON FRONT
4
Q
FAMILY LAW ACT
CHARGING FOR BREACH OF A RESTRAINING ORDER
- Family Law Act is a Provincial Act
- release provisions fall under the Provincial Offences Act
- Part III Summons – Breach of Restraining Order, Section 46(2) of FLA
- Arrested without warrant and no concerns for immediate release
- (ie. repetition of offence, or identity) would usually be released on Part ____)
- IF Concerns for release:
- Hold accused for Bail Hearing (note use Provincial offences information)
A
PART III
5
Q
FAMILY LAW ACT
PROCEDURE FOR OBTAINING A RESTRAINING ORDER
- A spouse or child can only apply for a restraining order.
- The restraining order can be issued to restrain the applicant’s spouse or former spouse from molesting, annoying or harassing the applicant or the applicant’s children. OR can be against co-habitant if they have cohabited for any period of time
- In many cases, the order can be issued the same day as the application, depending on the circumstances.
- Restraining order can be obtained from Family
A
ANSWER ON FRONT
6
Q
FAMILY LAW ACT
ORDER OF EXCLUSIVE POSSESSION
•Court may make order:
- Directing one spose be given exclusive possession of matrimonial home (or part of it) for specified period
- May require spouse who is given home to make payments to other spouse
- May direct contents or part of them remain in home or be removed
- Order spouse to pay for all or some of repairs and maintenance
A
ANSWER ON FRONT
7
Q
FAMILY COURT ORDER
CONTRAVENTION OF EXCLUSIVE POSSESSION ORDER
- Person who contravenes is guilty of offence
- Police Officer may arrest without warrant person on RPG has contravened order
A
ANSWER ON FRONT
