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Family Violence and Child Protection

4 bytes added, 01:36, 28 November 2023
Child protection issues
Unlike normal family law proceedings where two former spouses decide how to proceed with their case, it's the provincial [https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development], or an "Indigenous authority" under the CFCSA, that manages child protection proceedings. Once these authorities investigate a child protection concern, they have a legal duty to take steps, including possibly seeking court orders, to ensure the safety and well-being of children.
In ''[https://canlii.ca/t/h5p6m J.P. v. British Columbia (Children and Family Development)]'', 2017 BCCA 308, the Court of Appeal made it clear that the Ministry of Children and Family Development, also called the "MCFD," can ask for child protection orders even if a family law orders about children's parenting arrangements already exist. The MCFD must make its decisions "regardless of the nature of the dispute between the parents in the family proceeding." This means that even if a family law order greatly restricts a parent's contact with a child, if the MCFD becomes involved and decides that parent should have broad access rights, the MCFD can seek that order in Provincial Court and that order will have priority over the other order. The CFCSA, and not the ''Family Law Act'' or the ''Divorce Act'', directs how child protection matters are handled. (As a side note, the CFCSA still uses the terms ''custody'' and ''access'', even though the ''Family Law Act'' and the ''Divorce Act'' have moved to the terms talking about ''guardianship'', ''parenting time'', and ''contact''.)
Section 2 of the CFCSA sets out the guiding principles for child protection matters: