Acts and Regulations

F-2.2 - Family Services Act

Full text
Custody order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
55Repealed: 2023, c.36, s.13
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2; 2016, c.37, s.66; 2019, c.17, s.17; 2020, c.24, s.3; 2023, c.36, s.13
Custody order
55(1)The court may make a custody order transferring the custody, care and control of the child to the Minister for a period of up to six months.
55(2)The court may extend an order made under subsection (1) for additional periods of up to six months each, up to a maximum of twenty-four consecutive months including the period of the initial order and any period during which the child was in care under a custody agreement.
55(2.01)For the purposes of subsection (2), time in the care of the Minister for a child under 12 years of age shall be calculated cumulatively and shall not exceed twenty-four months over a five-year period.
55(2.1)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(2.2)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(3)Where a child is in care under a custody order or a supervisory order the Minister shall meet those obligations set out in subsection 45(1) with respect to a child in care under a custody agreement.
55(4)Where a child is in care under a custody order the Minister
(a) may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes;
(b) shall allow the parent reasonable access to the child; or
(c) may return the child to the parent or place the child with a member of the child’s immediate family, according to the best interests of the child;
but any action taken by the Minister pursuant to paragraph (c) shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.
55(5)Where a custody order is made, the court shall determine the support obligations of the parent and may make any order with respect to the support of the child that it is authorized to make under the Family Law Act.
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2; 2016, c.37, s.66; 2019, c.17, s.17; 2020, c.24, s.3
Custody order
55(1)The court may make a custody order transferring the custody, care and control of the child to the Minister for a period of up to six months.
55(2)The court may extend an order made under subsection (1) for additional periods of up to six months each, up to a maximum of twenty-four consecutive months including the period of the initial order and any period during which the child was in care under a custody agreement.
55(2.01)For the purposes of subsection (2), time in the care of the Minister for a child under 12 years of age shall be calculated cumulatively and shall not exceed twenty-four months over a five-year period.
55(2.1)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(2.2)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(3)Where a child is in care under a custody order or a supervisory order the Minister shall meet those obligations set out in subsection 45(1) with respect to a child in care under a custody agreement.
55(4)Where a child is in care under a custody order the Minister
(a) may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes;
(b) shall allow the parent reasonable access to the child; or
(c) may return the child to the parent or place the child with a member of the child’s immediate family, according to the best interests of the child;
but any action taken by the Minister pursuant to paragraph (c) shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.
55(5)Where a custody order is made, the court shall determine the support obligations of the parent and may make any order with respect to the support of the child that it is authorized to make under Part VII.
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2; 2016, c.37, s.66; 2019, c.17, s.17
Custody order
55(1)The court may make a custody order transferring the custody, care and control of the child to the Minister for a period of up to six months.
55(2)The court may extend an order made under subsection (1) for additional periods of up to six months each, up to a maximum of twenty-four consecutive months including the period of the initial order and any period during which the child was in care under a custody agreement.
55(2.1)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(2.2)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(3)Where a child is in care under a custody order or a supervisory order the Minister shall meet those obligations set out in subsection 45(1) with respect to a child in care under a custody agreement.
55(4)Where a child is in care under a custody order the Minister
(a) may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes;
(b) shall allow the parent reasonable access to the child; or
(c) may return the child to the parent or place the child with a member of the child’s immediate family, according to the best interests of the child;
but any action taken by the Minister pursuant to paragraph (c) shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.
55(5)Where a custody order is made, the court shall determine the support obligations of the parent and may make any order with respect to the support of the child that it is authorized to make under Part VII.
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2; 2016, c.37, s.66
Custody order
55(1)The court may make a custody order transferring the custody, care and control of the child to the Minister for a period of up to six months.
55(2)The court may extend an order made under subsection (1) for additional periods of up to six months each, up to a maximum of twenty-four consecutive months including the period of the initial order and any period during which the child was in care under a custody agreement.
55(2.1)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(2.2)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(3)Where a child is in care under a custody order or a supervisory order the Minister shall meet those obligations set out in subsection 45(1) with respect to a child in care under a custody agreement.
55(4)Where a child is in care under a custody order the Minister
(a) may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes;
(b) shall allow the parent reasonable access to the child; or
(c) may return the child to the parent or place the child with a member of the child’s immediate family, according to the best interests of the child;
but any action taken by the Minister pursuant to paragraph (c) shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.
55(5)Where a custody order is made, the court shall determine the support obligations of the parent and may make any order with respect to the support of the child that it is authorized to make under Part VII.
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2
Custody order
55(1)The court may make a custody order transferring the custody, care and control of the child to the Minister for a period of up to six months.
55(2)The court may extend an order made under subsection (1) for additional periods of up to six months each, up to a maximum of twenty-four consecutive months including the period of the initial order and any period during which the child was in care under a custody agreement.
55(2.1)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies under subsection 60(2) to have the custody order extended but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(2.2)Notwithstanding subsection (2), where, before the expiration of a custody order, the Minister applies for a guardianship order under subsection 56(1) but the Court does not dispose of the application before the expiration of the custody order, the custody order remains in effect and the custody, care and control of the child remains with the Minister pending the disposition of the application.
55(3)Where a child is in care under a custody order or a supervisory order the Minister shall meet those obligations set out in subsection 45(1) with respect to a child in care under a custody agreement.
55(4)Where a child is in care under a custody order the Minister
(a) may place the child in any facility he considers to be appropriate for the child and may prescribe any plan he considers suitable for the child, but before so doing he shall consider any wishes of the child and the parent that have been expressed with respect to any placement or planning he proposes;
(b) shall allow the parent reasonable access to the child; or
(c) may return the child to the parent or place the child with a member of the child’s immediate family, according to the best interests of the child;
but any action taken by the Minister pursuant to paragraph (c) shall not be construed as a release or waiver by the Minister of any rights and obligations under the order with respect to the custody, care and control of the child.
55(5)Where a custody order is made, the court shall determine the support obligations of the parent and may make any order with respect to the support of the child that it is authorized to make under Part VII.
1981, c.10, s.4; 1990, c.25, s.11; 1992, c.33, s.2; 2004, c.18, s.2