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Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"
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Family Violence in the Family Law Act and the Divorce Act (view source)
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<blockquote><blockquote><tt>(e) in the case of a child, direct or indirect exposure to family violence</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(e) in the case of a child, direct or indirect exposure to family violence</tt></blockquote></blockquote> | ||
So far, the courts have found a wide range of actions to be ''family violence''. The following are just some examples of family violence: | So far, the courts have found a wide range of actions to be ''family violence''. The following are just some examples of family violence: | ||
* In [http://canlii.ca/t/hxcc8 S.A.W. v. P.J.W.], 2018 BCPC 376, the court found that belitting, demeaning and insulting that rises to a certain level where one parent targets the other repeatedly in front of others can fit into the definition, although it would likely be at the lower end of the scale. | |||
* In ''[http://canlii.ca/t/gx9s1 K.R. v. J.D.]'', 2017 BCSC 182, a parent's derogatory and demeaning comments about the other parent, on occasion in the child’s presence, “clearly amount to family violence” since they disturbed the child and caused the child emotional harm. | * In ''[http://canlii.ca/t/gx9s1 K.R. v. J.D.]'', 2017 BCSC 182, a parent's derogatory and demeaning comments about the other parent, on occasion in the child’s presence, “clearly amount to family violence” since they disturbed the child and caused the child emotional harm. | ||
* In ''[http://canlii.ca/t/fxjb5 B. (M.W.) v. B. (A.R.)]'', 2013 BCSC 885, a mother was found to have committed family violence for repeatedly interfering with the father’s access to the children and refusing to settle orders that were drafted by lawyers and these actions prolonged and intensified the litigation. | * In ''[http://canlii.ca/t/fxjb5 B. (M.W.) v. B. (A.R.)]'', 2013 BCSC 885, a mother was found to have committed family violence for repeatedly interfering with the father’s access to the children and refusing to settle orders that were drafted by lawyers and these actions prolonged and intensified the litigation. | ||
