Acts and Regulations

2020, c.23 - Family Law Act

Full text
Order to prevent removal of child from Province
67(1)The Court may make an order under subsection (2) to prevent the removal of a child from the Province or secure the child’s prompt safe return to the Province if the Court, on application, is satisfied on reasonable grounds that a person:
(a) prohibited by order or agreement from removing the child from the Province intends to remove the child from the Province; or
(b) who has parenting time or contact with the child under an order or agreement intends to remove the child from the Province and is not likely to return the child to the Province.
67(2)For the purposes of subsection (1), the Court may make any one or more of the following orders:
(a) order a person to transfer specific property to a named trustee to be held subject to any terms and conditions that the Court considers appropriate;
(b) in the case of a person from whom payments have been ordered to be made for the support of the child, order that person to make the payments to a specified trustee subject to any terms and conditions that the Court considers appropriate;
(c) order a person to post a bond, with or without sureties, payable to the applicant in the amount the Court considers appropriate; and
(d) order a person to deliver the person’s passport, the child’s passport and any other travel documents of either of them that the Court specifies to the Court or to a person or body specified by the Court.
67(3)In an order made under subsection (2), the Court may
(a) specify terms and conditions for the return or disposition of the property or payments, or
(b) give directions with respect to the safekeeping of the property, payments, passports or other travel documents.
67(4)A person or body specified by the Court in an order referred to in paragraph (2)(d) shall hold a passport or other travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order.
Order to prevent removal of child from Province
67(1)The Court may make an order under subsection (2) to prevent the removal of a child from the Province or secure the child’s prompt safe return to the Province if the Court, on application, is satisfied on reasonable grounds that a person:
(a) prohibited by order or agreement from removing the child from the Province intends to remove the child from the Province; or
(b) who has parenting time or contact with the child under an order or agreement intends to remove the child from the Province and is not likely to return the child to the Province.
67(2)For the purposes of subsection (1), the Court may make any one or more of the following orders:
(a) order a person to transfer specific property to a named trustee to be held subject to any terms and conditions that the Court considers appropriate;
(b) in the case of a person from whom payments have been ordered to be made for the support of the child, order that person to make the payments to a specified trustee subject to any terms and conditions that the Court considers appropriate;
(c) order a person to post a bond, with or without sureties, payable to the applicant in the amount the Court considers appropriate; and
(d) order a person to deliver the person’s passport, the child’s passport and any other travel documents of either of them that the Court specifies to the Court or to a person or body specified by the Court.
67(3)In an order made under subsection (2), the Court may
(a) specify terms and conditions for the return or disposition of the property or payments, or
(b) give directions with respect to the safekeeping of the property, payments, passports or other travel documents.
67(4)A person or body specified by the Court in an order referred to in paragraph (2)(d) shall hold a passport or other travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order.