Open main menu

Clicklaw Wikibooks β

Changes

When parenting time or contact is denied
Under section 61(2)(g), the court can also make an order that the guardian denying parenting time or contact pay up to $5,000 as a fine or to the person denied parenting time or contact.
The key to section 61 is that the denial of parenting time or contact must be "wrongful." Obviously, the intentional breach of an order, award or agreement for parenting time or contact is wrongful. However, section 62(1) of the ''Family Law Act'' lists some specific , and rather reasonable, circumstances in which a denial of parenting time or contact is ''not'' wrongful, namely when:
<blockquote><tt>(a) the guardian reasonably believed the child might suffer family violence if the parenting time or contact with the child were exercised;</tt></blockquote>
(In this section, "the applicant" is the person who was denied parenting time or contact and is asking the court for an order under section 61(2).)
 
Even if a denial of parenting time or contact isn't wrongful under section 62(1), the court can still order make-up time under section 62(2).
==When parenting time or contact isn't exercised==