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- Chapter 10 - Parenting Arrangements after Divorce
B. Definition of “Custody Order”
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 505-505 |
Page 505
Section 2(1) of the Divorce Act3provides that "custody order means an order made under subsection 16(1)" of the Act. Having regard to the provisions of section 16(1), the term "custody order" includes an order for access.4It does not include, however, an interim order for custody or access made pursuant to section 16(2) of the Divorce Act. The distinction between interim and permanent orders for custody or access is of special significance with respect to the jurisdiction of the courts to vary, rescind, or suspend such orders.5It may also prove to be of significance with respect to appellate proceedings insofar as these proceedings are governed by provincial rules of practice and procedure.6
[3] RSC 1985 (2d Supp), c 3.
[4] See Chisholm v Bower (1987), 11 RFL (3d) 293 (NS Fam Ct).
[5] See Section L, below in this chapter.
[6] Divorce Act, s 21(6).
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- Chapter 10 - Parenting arrangements after divorce
- F. Preservation of Family Bonds; Joint Custody; Maximum Contact Principle
- G. Terms and Conditions
- H. Best Interests of Child
- I. Conduct
- J. Effect of Agreement
- K. Religious Upbringing of Child
- L. Variation and Rescission of Interim and Permanent Custody and Access Orders
- M. Parental Conflict Resolution
- N. Voice of the Child
- O. Parenting Plans
- P. Third Parties
- Q. Process
- R. High Conflict: Parental Alienation
- A. Introduction
- B. Definition of “Custody Order”
- C. Definitions of “Custody” and “Access”
- D. Jurisdiction
- E. Types of Orders
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