Prov Law - Children's Law Reform Act

Question 1

s. 36(1)

Order when Child Unlawfully withheld
3

Answer 1

1 - Child unlawfully withheld
2 - Court MAY authorize anyone
3 - For access/custody to be exercised

Question 2

s. 36(2)

Order to Locate/Take Child
3

Answer 2

1 - Person unlawfully withholding child
2 - Person removes/plans to remove child from Ontario contrary to existing order
3 - Court MAY direct PO to locate/apprehend and deliver to rightful custody

Question 3

s. 36(4)

Duty to Act
2

Answer 3

1 - Order under s. 36(2)

2 - PO SHALL do all things reasonably able to locate+apprehend+deliver child

Question 4

s. 36(5)

Entry and Search
4

Answer 4

1 - Where order exists under s. 36(2)
2 - PO may enter and search ANY place
3 - R&PG believe child is located
4 - Using assistance and force as reasonable under circumstances

Question 5

s. 36(6)

Time Restriction

Answer 5

• enter or search from 06:00AM - 9:00PM

Question 6

s. 38(1)

Contempt of Court Order

(3) including penalty

Answer 6

1 - Done through legal counsel or private motion (Not PO)
2 - wilful contempt or resistance in respect of custody or access order
3 - Penalty - $5000 and or 90 days

Question 7

Restraining Order

5

Answer 7

1 - stand alone order, can be interim (temp) or final order
2 - that restrains from the applicant or children of the applicant
3 - the person disobeys court order
4 - dual procedure offence
5 - Arrest under s. 495

Question 8

Goals for PO

3

Answer 8

1 - locate child and ensure safety
2 - Keep the peace
3 - Make all reasonable efforts to resolve dispute

Question 9

Parenting Order/Custody Order

4

Answer 9

1 - Family court order
2 - Civil doc/agreement between parents
3 - PO to make reasonable effort to enforce
4 - parents may be found in contempt if ignore order

Question 10

Restraining Order
Restrictions
(4)

Answer 10

Restrictions from one or more of:
1 - communicating with
2 - being within a specific distance
3 - any other court order
4 - if breach condition, arrest

Question 11

s. 127

Disobey Court Order

Answer 11

1 - Court order after October 15, 2009 - Criminal Offence

2 - Before October 15, 2009 - Provincial Offence, part 3 summons