Prov Law - Family Law Act

Question 1

Spouse - DEFN

Answer 1

• either of two persons LEGALLY married to each other

Question 2

s. 18(1)

Matrimonial Home
3

Answer 2

1 - a property in which the person has interest
2 - or at the time of separation, occupied by the person and spouse
3 - as their family residence

Question 3

Matrimonial Home

Exclusion

Answer 3

• Normally used for other than residential EX - Shed, Home Office (Garage)

Question 4

s. 24

Order for Exclusive Possession (Property
6)

Answer 4

1 - regardless of ownership
2 - preserve the matrimonial home
3 - direct that one spouse be given exclusive possession
4 - direct payments
5 - direct contents of home to remain/removed
6 - order may be temporary or interim 24 (2)

Question 5

s. 24(5)

Contravene Order of Possession
Fines 2

Answer 5

Any person who:
1 - $5000 + 3 months jail first offence
2 - $10,000 and or 2 years for any subsequent offence

Question 6

s. 24(6)

Arrest (3)

Answer 6

1 - PO
2 - on R&PG
3 - may arrest a person who contravened order for exclusive possession

Question 7

Restraining Order
(Person)

(3)

Answer 7

1 - Can be interim (temporary) or Final order
2 - Restraining from
3 - The applicants spouse, former spouse
OR
person who is living with or has lived with applicant

Question 8

Restraining Order

What does it restrict?

(3)

Answer 8

1 - restraining the respondent from contacting the applicant or child
2 - restraining the respondent from coming within a certain distance of the applicant
3 - anything else specified by court order

Question 9

s. 127(1)

Disobeying Order of Court
3

Answer 9

1 - Everyone who without lawful excuse, disobeys court order
2 - Other than for the payment of money
3 - Is guilty of an indictable offence and liable to imprisonment for term not exceeding 2 years or by summary conviction

Question 10

s. 127(1)

Arrest (4)

Answer 10

1 - PO
2 - R&PG
3 - a person has disobeyed a court order
4 - may arrest without warrant under section s. 495 (1) C.C.

Question 11

Transition Date

Answer 11

October 15, 2009