Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"

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Other orders are available under the ''Family Law Act'' that could be used to address issues relating to family violence.
Other orders are available under the ''Family Law Act'' that could be used to address issues relating to family violence.


*'''Exclusive occupancy:''' Under section 90, the court may give one party exclusive occupancy of the family home and the property in the family home. This isn't a restraining order, in the sense that it prohibits the other party from entering the home, but only the person with exclusive occupancy is allowed to live there.
*'''Exclusive occupancy:''' Under section 90, the court may make temporary orders, and grant one spouse exclusive occupancy of the family residence. This isn't a restraining order, in the sense that it prohibits the other party from entering the home, but the person with the exclusive occupation order is allowed to live there and the other spouse is not.
*'''Supervised parenting time and contact:''' Under ss. 45 and 59, a person's parenting time or contact can be subject to a requirement that it be supervised by a third party, like a relative or a professional supervisor.
*'''Supervised parenting time and contact:''' Under sections 45 and 59, a person's parenting time or contact can be subject to a requirement that it be supervised by a third party, like a relative or a professional supervisor.
*'''Conditions of parenting time and contact:''' Under section 218, the court may impose terms and conditions on any order it makes. Where family violence is an issue, appropriate terms and conditions might restrict where the children are exchanged, and how the parties interact when the children are exchanged, or they might say that a party's parenting time or contact will not happen if the party is impaired by drugs or alcohol.
*'''Conditions of parenting time and contact:''' Under section 218, the court may impose terms and conditions on any order it makes. Where family violence is an issue, appropriate terms and conditions might restrict where the children are exchanged, and how the parties interact when the children are exchanged, or they might say that a party's parenting time or contact will not happen if the party is impaired by drugs or alcohol.


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