Shared Parenting Information Group (SPIG) UK
- promoting responsible shared parenting after separation and divorce -
Enforcement of access orders in Alberta (Canada) 1999
On 13th May 1999 the Canadian Province of Alberta passed a bill to enforce access.
Bill 26: Family Law Statutes Amendment Act, 1999, amends the Domestic Relations Act to provide for courts to:
- make orders enforcing access
- fine or imprison parents who deny access
- force a parent who fails to exercise access to reimburse the other parent
Enforcement of access
Where access has been denied, the court may make an access enforcement order providing:
- compensatory access
- a financial security for access
- a requirement to attend a parenting course
- appointment of a mediator
- reimbursement of expenses incurred by denial of access
- appointment of an enforcement officer
- anything which the court considers will induce compliance
Penalties for non-compliance
Where an access enforcement order has not been complied with, the court may impose:
- a penalty of up to $100 a day (max $5,000)
- imprisonment in default of payment or compliance (max 90 days)
Failure to exercise access
On application by the custodial parent:
Where a court is satisfied that the non-custodial parent has failed to exercise a right of access without reasonable notice to the custodial parent, the court may make an order requiring the non-custodial parent to reimburse the custodial parent for any necessary expenses actually incurred as a result of the failure to exercise access.
Full text: Bill 26 - Family Law Statutes Amendment Act 1999 - Legislative Assembly of Alberta
David Cannon
Last updated - 4 February 2000
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