Bill 268 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 268 Children'S Access Rights Enforcement Act (Legislature 22, Session 2)

L22 S2 2789

Alberta — Bills

1990 BILL 268 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 268 CHILDREN'S ACCESS RIGHTS ENFORCEMENT ACT MR. EVANS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 268 Mr. Evans BILL 268 1990 CHILDREN'S ACCESS RIGHTS ENFORCEMENT ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 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 specUy the tunes 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 chUd, may apply to the Court for an order (

a) requiring the respondent to give the appUcant compensatory access to the chUd during the 12-month period foUowing the 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;

Explanatory Notes 1(1) This

section wiU amend

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

(2) Section 56(1) presently 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 wUl provide for an appUcation to a Court to be heard within 10 days m the case of a wrongful denial of access and enables the Court to make a variety of orders to deal with the question, provide compensatory access and reunburse expenses. The new

section provides guidelines for what drcumstances may justUy a deiual of access otherwise provided for m a custody order.

(

b) requiring the respondent to reimburse the appUcant for any reasonable expenses actuaUy incurred as a result of the wrongful deiual of access; (

c) requiring the respondent to give security for the performance of any obUgation 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 the party is making the request m good faith.

(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 shaU 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 the appUcation, unless the Court orders otherwise, evidence shall be admitted only if it is directly related to (

a) the aUeged deiual of access or a faUure to exercise the right of access or return the chUd; or (

b) the 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 foUowing: (

a) the respondent had reasonable grounds for beUeving 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 appUcant did not satisfy written conditions concernmg access that were agreed to by the parties or that form part of the order for access;

(

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

(7) On appUcation, a Court may make an mterun or final order restraining a person from molesting, annoying or harassmg the appUcant or chUdren in the appUcant's lawful custody, or from communicatmg with the appUcant or chUdren, except as provided in the 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 child.

(3) The following is added after

section 32: 32.1(1) A person is whose favour an order has been made for access to a chUd 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 wrongfuUy denied access to the chUd, may apply to the Court for an order (

a) requUing the respondent to give the appUcant compensatory access to the chUd during the 12-month period foUowing the date of the order for a period or periods not exceeding in total the access wrongfully denied, as agreed to by the parties or if the parties do not agree, as ordered by the Court; (

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

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

d) appomtmg a mediator to attempt to negotiate a settlement between the appUcant 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 opmion that the party is making the request in good faith.

2(1) This

section wiU amend

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

(2) Section 32(1) presently 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.

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

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

(4) The appUcation shaU 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 the appUcation, imless the Court orders otherwise, evidence shaU be admitted only if it is dUectly related to (

a) the aUeged denial of access or a faUure to exercise the right of access or return the chUd; or (

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

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

c) the appUcant 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 access.

(7) On appUcation, a Court may make an interun or fmal order restraining a person from molesting, annoying or harassing the appUcant or chUdren m the appUcant's lawful custody, or from communicating with the applicant or chUdren, except as provided in the order. Title: 1990 (22nd 2nd) Bill 268, Children's Access Rights Enforcement Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2789
Type	bill
Volume / chapter	L22 S2 2789
Language	en
Format	json
Source	PROVINCIAL
Identifier	f54c5679e4acf3419653993f27a93c0bba801aef

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