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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)
Revision as of 17:57, 3 July 2019
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==Conduct orders== | ==Conduct orders== | ||
Conduct orders under Part 10, Division 5 of the ''[[Family Law Act]]'' give the court some control to help the parties and the court process. They are different from family law protection orders, and not as tailored to addressing family violence. A conduct order could, for example, stop a party from filing repetitive applications that misuse the court process, tell a party to attend a counselling program, or say how and when parties should communicate with | Conduct orders under Part 10, Division 5 of the ''[[Family Law Act]]'' give the court some control to help the parties and the court process. They are different from family law protection orders, and not as tailored to addressing family violence. A conduct order could, for example, stop a party from filing repetitive applications that misuse the court process, tell a party to attend a counselling program, or say how and when parties should communicate with each other. | ||
A conduct order may be seen as a less extreme way to reduce bad behaviour and hostilities compared to a family law protection order. While a conduct order may be less coercive, a court must consider whether it is enough. Under s. 255 a court will not issue a conduct order restricting communication if a family law protection order would be more appropriate. Likewise, a court will not decline to impose a family law protection order merely because a conduct order was previously in place. | A conduct order may be seen as a less extreme way to reduce bad behaviour and hostilities compared to a family law protection order. While a conduct order may be less coercive, a court must consider whether it is enough. Under s. 255, a court will not issue a conduct order restricting communication if a family law protection order would be more appropriate. Likewise, a court will not decline to impose a family law protection order merely because a conduct order was previously in place. | ||
A court can only make conduct orders for one of four purposes set out at s. 222: | A court can only make conduct orders for one of four purposes set out at s. 222: | ||
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*requiring a person to attend counselling, or a specified service or a program like an anti-violence or anger management course, | *requiring a person to attend counselling, or a specified service or a program like an anti-violence or anger management course, | ||
*restricting communication between the parties, | *restricting communication between the parties, | ||
*requiring a person to pay the costs associated with the family home, like mortgage or rent payments, property taxes and utilities, | *requiring a person to pay the costs associated with the family home, like mortgage or rent payments, property taxes, and utilities, | ||
*restricting a person from terminating the utilities serving the family home, | *restricting a person from terminating the utilities serving the family home, | ||
*requiring a person to supervise the removal of personal property from the family home, | *requiring a person to supervise the removal of personal property from the family home, | ||