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Family Violence in the Family Law Act and the Divorce Act

82 bytes added, 03:17, 27 November 2023
→‎Family violence and the best interests of the child analysis
Enforcement in criminal court will occur if the police charge the family member with the offense of disobeying a court order under section 127 of the ''Criminal Code''. Once a charge is laid under section 127, it will proceed through the regular criminal process, with the accused person having the opportunity to plead guilty or not guilty to the charge, and in the case of a not guilty plea, go to trial.
===Family violence and the best interests of the child analysischildren=== The only thing that matters when deciding making decisions about guardianship, parenting arrangements, or contact with a child, is the ''best interests of the child''. All While all of a child's needs and circumstances must be considered when determining their best interests, but section 37(2) of the ''Family Law Act'' lists ten a number of specific factors. Sections 37(2)(g) and (h) are specific to deal with family violence in the context of a child's best interests:
<blockquote><tt>37(2) To determine what is in the best interests of a child, all of the child's needs and circumstances must be considered, including the following:</tt></blockquote>
<blockquote><blockquote><tt>(g) the impact of any family violence on the child's safety, security or well-being, whether the family violence is directed toward the child or another family member;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child's needs;</tt></blockquote></blockquote>
Section When family violence is a factor under section 37(2)(g) or (h), section 38 lists a number of the ''Act'' gives more specific guidance.additional factors that must be considered:
<blockquote><tt>38 For the purposes of section 37 (2) (g) and (h) [best interests of child], a court must consider all of the following:</tt></blockquote>
<blockquote><blockquote><tt>(h) any steps the person responsible for the family violence has taken to prevent further family violence from occurring;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(i) any other relevant matter.</tt></blockquote></blockquote>
Therefore it It is important to present any evidence regarding family violence to the court when asking for an order for about guardianship, children's parenting arrangements, or contact with a child. Ensure the judge has all of When family violence is present, the evidence that they must consider in making these very important decisions. Some orders that can be asked for include that the person responsible for family violence have no parenting time, supervised or that their parenting timeis supervised, parenting time or occur in a public place, or by video . It is also possible to ask for an order that they have parenting time onlyresponsibilities, or no parenting responsibilitiesin order to limit the parents' need to communicate with each other.
===Conduct orders===
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