Difference between revisions of "Changing Orders in Family Matters"
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Changing Orders in Family Matters (view source)
Revision as of 05:26, 5 March 2013
, 05:26, 5 March 2013→Orders about the Care of Children
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#a parent has moved and the existing access schedule is no longer convenient; or, | #a parent has moved and the existing access schedule is no longer convenient; or, | ||
#a mature child over the age of eleven or twelve or so has expressed a wish to see the other parent more or less often. | #a mature child over the age of eleven or twelve or so has expressed a wish to see the other parent more or less often. | ||
====Statutory Provisions==== | |||
These are the primary sections of the ''Divorce Act'' dealing with varying an order about custody or access: | |||
*s. 2: definitions | |||
*s. 5: jurisdiction in variation proceedings | |||
*s. 16: orders for custody and access | |||
*s. 17: varying orders | |||
===''Family Law Act'' Orders=== | ===''Family Law Act'' Orders=== | ||
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Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | ||
These are the primary sections of the ''Family Law Act'' dealing with varying orders about the care of children: | |||
*s. 1: definitions | |||
*s. 37: best interests of the child | |||
*s. 39: who is presumed to be a guardian | |||
*s. 41: parental responsibilities | |||
*s. 42: parenting time | |||
*s. 45: orders about parenting arrangements | |||
*s. 47: changing orders about parenting arrangements | |||
*s. 216: interim orders | |||
===Common Issues with Orders for Access, Parenting Time and Contact=== | ===Common Issues with Orders for Access, Parenting Time and Contact=== | ||
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A common problem occurs when a schedule says only that a person will have "liberal and generous access," or sets an access schedule that is vague. In situations like this, it is easy for the schedule to be frustrated... what is "liberal and generous" access anyway? Who decides what is "liberal" and what is "generous?" The best solution is usually to be a lot more specific about when and how the access visits should occur. | A common problem occurs when a schedule says only that a person will have "liberal and generous access," or sets an access schedule that is vague. In situations like this, it is easy for the schedule to be frustrated... what is "liberal and generous" access anyway? Who decides what is "liberal" and what is "generous?" The best solution is usually to be a lot more specific about when and how the access visits should occur. | ||
Say an order | Say an order says this: | ||
<blockquote>"Sally will have parenting time with the child from Friday to Sunday."</blockquote> | <blockquote>"Sally will have parenting time with the child from Friday to Sunday."</blockquote> | ||
