Open main menu

Clicklaw Wikibooks β

Changes

Parental responsibilities
<blockquote>[86] Although compliance with the FLA and related court orders is critical, the FLA mandates a more holistic approach to resolving family disputes that minimizes delay, formality and conflict between the parties: s. 199(1). The remedies available under ss. 228 and 230 empower the court to provide progressively more serious responses as a particular case may dictate. More importantly, a court’s objective should be to fashion a remedy that ensures compliance while addressing the specific situation before the court.</blockquote>
If none of these the remedies workunder section 230 are effective in getting a person to comply with an order, award or agreement about parental responsibilities, section 231 of the ''Family Law Act'' gives the court the power to put someone in jail for up to 30 days:
<blockquote><tt>(1) This section applies if</tt></blockquote>
<blockquote><blockquote><tt>(b) for the purpose of bringing a person before the court to show why an order for imprisonment should not be made, the court may issue a warrant for the person's arrest, and</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(c) imprisonment of a person under this section does not discharge any duties of the person owing under an order made under this Act.</tt></blockquote></blockquote>
 
Before the court will even consider putting someone in jail under this section, it must first be satisfied that the person has in fact breached an order and that no other step under the ''Family Law Act'' is likely to get the person to comply with the order. Then, the person must be given the chance to explain why they breached the order and why they shouldn't be sent to jail.
===Parenting time and contact===