Bill 36 — Fifth Session, 15Th Legislature, 15 Elizabeth Ii the Legislative Assembly-M--Xlberta Bill 36 An Act To Amend the Family Court Act the Attorney Gen.Eral (Legislature 15, Session 5)

L15 S5 1237

Alberta — Bills

1967 Bill 36 Fifth Session, 15th Legislature, 15 Elizabeth II THE LEGISLATIVE ASSEMBLy-m--XLBERTA BILL 36

An Act to amend The Family Court Act THE ATTORNEY GEN.ERAL First Reading ............................................................. . Second Reading ......................................................... . Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 36 1967

An Act to amend The Family Court Act (Assented to , 1967) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Family Court Act is hereby amended. 2. The following sections are added after

section 9 : 10.

(1) Where (

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, a judge may, on an application therefor, make such order as he 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.

(2) The application for an order may be made (

a) by either parent of the child, or (

b) by the child, who may apply with or without any person interested on his behalf.

(3) An applicant for an order shall (

a) apply in person to the clerk of the Family Court, and (

b) file with the clerk a supporting affidavit setting out the material facts, and upon being satisfied there may be reasonable grounds for the making of an order, the clerk shall summons all in terested parties to the application to appear at the hearing of the application before the Family Court.

(4) Where a parent or other interested party (

a) has been served with a copy of the summons, and (

b) fails to attend as required by the summons, an order may be made in his absence.

Explanatory Notes I. This Bill amends

chapter 108 of the Revised Statutes. 2. A new

section 10 is added allowing Family Courts to make custody orders. A new

section 11 allows Family Courts to hold hearings in private where it is considered advisable. Appeals to the district court are provided for under a new

section 12.

(5) The applicant and all persons whom the judge thinks proper may be examined on oath touching the matters in issue.

(6) A judge (

a) upon application therefor, and (

b) upon reasonable notice to the interested parties, may review an order made under this

section and may con firm, vary or discharge the order.

(7) Any person who contravenes any provision as to custody or right of access in an order made under this sec tion is guilty of an offence and liable on

summary conviction to a fine of not more than $100 or to imprisonment for a term not exceeding four months, or to both fine and im prisonment.

(8) To the extent that an order made under this

section is in variance with an order of the Supreme Court or a district court, the order under this

section is void. 11. Any case arising under this Act may, in the discretion of the judge, be heard in private. 12. A party to proceedings under this Act who is dis satisfied with an order or refusal to make an order may appeal to the district court and the provisions of

section 27 of The Domestic Relations Act relating to appeals applies mutatis mutandis thereto. 3. This Act comes into force on the day upon which it is assented to. 2

2 Title: 1967 (15th, 5th) Bill 36,

An Act to amend The Family Court Act

Document details

Collection	Alberta — Bills
Citation	L15 S5 1237
Type	bill
Volume / chapter	L15 S5 1237
Language	en
Format	json
Source	PROVINCIAL
Identifier	bb4a6696c5b062e90624eb1cffc42de81fd5e3bb

Source file is stored in the law ingest library (json).