Bill 221 — Fkst Session, 22Nd Legislature, 38 Elizabedi Ii the Legislative Assembly of Alberta Bill 221 Children'S Access Rights Enforcement Act (Legislature 22, Session 1)

L22 S1 2870

Alberta — Bills

1989 BILL 221 Fkst Session, 22nd Legislature, 38 Elizabedi II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 221 CHILDREN'S ACCESS RIGHTS ENFORCEMENT ACT MR. EVANS First Reading Second Reading Committee of die Whole Third Reading Royal Assent

Bill 221 Mr. Evans BILL 221 1989 CHILDREN'S ACCESS RIGHTS ENFORCEMENT ACT (Assented to ,1989) HER MAJESTY, by and with the advice and consent of die Legislative Assembly of Alberta, enacts as follows: 1(1) The Domestic Relations Act is amended by this section.

(2) Section 56 is amended by adding the following after subsection (1):

(1.1) An order under subsection (1) may specify die times or days upon which either party is to have custody of or access to the minor.

(3) The following is added after

section 56: 56.1(1) A person in whose favour an order has been made for access to a child at specific times on specific days and who claims that a person in whose favour an order has been made for custody of the chUd has been wrongfully denied access to the child, may apply to the Court for an order

Explanatory Notes 1(1) This

section will amend

chapter D-37 of the Revised Statutes of Alberta 1980.

(2) S ection 56(1) presendy reads: 56(1) On the application (

a) the father or mother of a minor, or (

b) a minor, who may apply without a next friend, the Court may make any order it sees fit regarding the custody of the minor and the right of access to the minor of either parent.

(3) New

section will provide for an application to a Court to be heard within 10 days in the case of a wrongful denial of access and enables the Courts to make a variety of orders to deal with the question, provide compensatory access and reimburse expenses. The new

section provides guidelines for what circumstances may justify a denial of access otherwise provided for in a custody order.

(

a) requking the respondent to give the applicant compensatory access to the child during the 12-mondi period following the date of the order for a period or periods not exceeding in total the access wrongfuUy denied, as agreed to by die parties or if tiie parties do not agree, as ordered by the Court; (

b) requking the respondent to reimburse the appUcant for any reasonable expenses actually incurred as a result of the wrongful denial of access; (

c) requking the respondent to give security for the performance of any obligation imposed by the order; or (

d) appointing a mediator to attempt to negotiate a settlement between the appUcant and respondent as to access, and report back to the Court, which shaU be ordered by the Court if requested by one party if the Court is of the opinion that die party is making the request in good faidi.

(2) An appUcation made under subsection (1) shaU be heard within 10 days after it has been served on the respondent.

(3) An application under subsection (1) may not be made more than 30 days after the alleged denial of access.

(4) The appUcation shall be determined on the basis of oral evidence only, unless the Court permits evidence by affidavit, on grounds that appear reasonable to the Court.

(5) At the hearing of die application, unless the Court orders odierwise, evidence shall be admitted only if it is dkectiy related to (

a) the alleged denial of access or a failure to exercise the right of access or return the child; or (

b) die reasons for the denial or failure.

(6) A denial of access is wrongful unless it is justified by a serious and legitimate reason such as one of the following:

(

a) die respondent had reasonable grounds for believing there would be a substantial risk of serious physical or emotional harm to the child if the right of access were exercised; (

b) die applicant did not attempt to exercise die right of access specified in the order or otherwise agreed on by the parties; (

c) the applicant did not satisfy written conditions conceming access that were agreed to by the parties or that form part of the order for access; (

d) the appUcant had failed previously on numerous occasions, without reasonable notice and excuse, to exercise the right of access.

(7) On application, a Court may make an interim or fmal order resti^aining a person from molesting, annoying or harassing the applicant or children in the applicant's lawful custody, or from communicating with the applicant or children, except as provided in die order. 2(1) The Provincial Court Act is amended by this section.

(2) Section 32 is amended by adding the following after subsection (1):

(1.1) An order under subsection (1) may specify the times or days upon which either party is to have custody of or access to the chUd.

2(1) This

section will amend

chapter P-20 of the Revised Statutes of Alberta 1980.

(2) Section 32(1) presendy reads: 32(1) If (

a) the parents of a child are in fact living apart from one another, and (

b) there is a dispute as to the custody of or access to the child, the Court may, on an application, make an order as it sees fit regarding (

c) the custody of the child, and (

d) the right of access to the child, by either parent or any other person, having regard to the best interests of the child.

(3) The following is added after

section 32: 32.1(1) A person in whose favour an order has been made for access to a child at specific times on specific days and who claims diat a person in whose favour an order has been made for custody of the chUd has been wrongfully denied access to the child, may apply to the Court for an order (

a) requking the respondent to give the applicant compensatory access to the child during the 12-mondi period following die date of the order for a period or periods not exceeding in total the access wrongfuUy denied, as agreed to by the parties or if the parties do not agree, as ordered by the Court; (

b) requking die respondent to reimburse the applicant for any reasonable expenses actually incurred as a result of the wrongful denial of access; (

c) requking the respondent to give security for the performance of any obligation imposed by die order; or (

d) appointing a mediator to attempt to negotiate a seulement between the applicant and respondent as to access, and report back to the Court, which shall be ordered by the Court if requested by one party if the Court is of the opinion that die party is making the request in good faidi.

(2) An appUcation made under subsection (1) shaU be heard widiin 10 days after it has been served on the respondent.

(3) An application under subsection (1) may not be made more dian 30 days after the alleged denial of access.

(4) The appUcation shall be determined on the basis of oral evidence only, unless the Court permits evidence by affidavit, on grounds diat appear reasonable to the Court.

(3) New

section will provide for an application to the Provincial Court to be heard within 10 days in the case of a wrongful denial of access and enables the Courts to make a variety of orders to deal with the question, provide compensatory access and reimburse expenses. The new

section provides guidelines for what circumstances may justify a denial of access otherwise provided for in a custody order.

(5) At the hearing of die application, unless the Court orders odierwise, evidence shall be admitted only if it is dkectiy related to (

a) die alleged denial of access or a failure to exercise the right of access or return the child; or (

b) the reasons for die denial or failure.

(6) A denial of access is wrongful unless it is justified by a serious and legitimate reason such as one of the following: (

a) the respondent had reasonable grounds for believing there would be a substantial risk of serious physical or emotional harm to the child if the right of access were exercised; (

b) the applicant did not attempt to exercise the right of access specified in the order or otherwise agreed on by the parties; (

c) the applicant did not satisfy written conditions concerning access that were agreed to by the parties or that form part of the order for access; (

d) the appUcant had failed previously on numerous occasions, without reasonable notice and excuse, to exercise the right of acccss.

(7) On application, a Court may make an interim or final order restraining a person from molesting, annoying or harassing the applicant or chUdren in the applicant's lawful custody, or from communicating with die applicant or children, except as provided in the order.

Title: 1989 (22nd, 1st) Bill 221, Children's Access Rights Enforcement Act

Document details

Collection	Alberta — Bills
Citation	L22 S1 2870
Type	bill
Volume / chapter	L22 S1 2870
Language	en
Format	json
Source	PROVINCIAL
Identifier	9f4b13ac73b0b7b0c5844377ee557e672e8fb9bc

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