Acts and Regulations

F-2.2 - Family Services Act

Full text
Repealed
132.2Repealed: 2020, c.24, s.3
1982, c.13, s.9; 1993, c.42, s.5; 1996, c.75, s.13; 2020, c.24, s.3
Order to prevent removing child from Province
132.2(1)Where a court, upon application, is satisfied upon reasonable and probable grounds that a person prohibited by court order or separation agreement from removing a child from the Province proposes to remove the child from the Province, the court in order to prevent the removal of the child from the Province may make an order referred to in subsection (3).
132.2(2)Where a court, upon application, is satisfied upon reasonable and probable grounds that a person entitled to access to a child proposes to remove the child from the Province and is not likely to return the child to the Province, the court in order to secure the prompt, safe return of the child to the Province may make an order referred to in subsection (3).
132.2(3)An order mentioned in subsection (1) or (2) may require a person to do any one or more of the following:
(a) transfer specific property to a named trustee to be held subject to the terms and conditions specified in the order;
(b) where payments have been ordered for the support of the child, make the payments to a specified trustee subject to the terms and conditions specified in the order;
(c) post a bond, with or without sureties, payable to the applicant in such amount as the court considers appropriate;
(d) deliver the person’s passport, the child’s passport and any other travel documents of either of them that the court may specify to the court or to an individual or body specified by the court.
132.2(4)Repealed: 1996, c.75, s.13
132.2(5)In an order referred to in paragraph (3)(a), the court may specify terms and conditions for the return or the disposition of the property as the court considers appropriate.
132.2(6)A court or an individual or body specified by the court in an order referred to in paragraph (3)(d) shall hold a passport or travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order.
132.2(7)In an order referred to in subsection (3), a court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as the court considers appropriate.
1982, c.13, s.9; 1993, c.42, s.5; 1996, c.75, s.13
Order to prevent removing child from Province
132.2(1)Where a court, upon application, is satisfied upon reasonable and probable grounds that a person prohibited by court order or separation agreement from removing a child from the Province proposes to remove the child from the Province, the court in order to prevent the removal of the child from the Province may make an order referred to in subsection (3).
132.2(2)Where a court, upon application, is satisfied upon reasonable and probable grounds that a person entitled to access to a child proposes to remove the child from the Province and is not likely to return the child to the Province, the court in order to secure the prompt, safe return of the child to the Province may make an order referred to in subsection (3).
132.2(3)An order mentioned in subsection (1) or (2) may require a person to do any one or more of the following:
(a) transfer specific property to a named trustee to be held subject to the terms and conditions specified in the order;
(b) where payments have been ordered for the support of the child, make the payments to a specified trustee subject to the terms and conditions specified in the order;
(c) post a bond, with or without sureties, payable to the applicant in such amount as the court considers appropriate;
(d) deliver the person’s passport, the child’s passport and any other travel documents of either of them that the court may specify to the court or to an individual or body specified by the court.
132.2(4)Repealed: 1996, c.75, s.13
132.2(5)In an order referred to in paragraph (3)(a), the court may specify terms and conditions for the return or the disposition of the property as the court considers appropriate.
132.2(6)A court or an individual or body specified by the court in an order referred to in paragraph (3)(d) shall hold a passport or travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order.
132.2(7)In an order referred to in subsection (3), a court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as the court considers appropriate.
1982, c.13, s.9; 1993, c.42, s.5; 1996, c.75, s.13