What is a Section 47 report family law?
A Section 47 Report is a court directed report with a court appointed assessor, who is a mental health professional. The assessment involves a study of the family. The purpose of the report is to determine any question affecting the welfare of any party and their children to the proceedings.
At what age can a child decide where to live in Canada?
There is no specific age at which you can decide where you want to live. The answer to this depends on your situation. The courts may seek a child’s opinion when the child is 12 or older. There have been some cases in which the child’s opinion was considered when the child was under 12.
Can a 13 year old decide which parent to live with in BC?
Courts may take the child’s preference into consideration when making an order on parenting time. There is no defined age in Alberta or in British Columbia at which children can choose where to live when their parents are separated.
At what age can a child refuse to see a parent BC?
In British Columbia, there is no defined age at which children can choose which parent to live with following a separation. However, we can look to the Family Law Act and legal precedent for some answers.
Is a section 47 serious?
A section 47 enquiry can of course prove to be very damaging for a child, for her parents and for their mutual relationships. In particular, the lives of parents can be badly affected if and when adverse conclusions are made about the harm that they have inflicted on their child.
What is the purpose of a section 47?
The purpose of section 47 investigations is to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.
What age can a child refuse to see a parent in Canada?
The Office of the Children’s Lawyer is often appointed by the court to help in determining the child’s wishes. Once a child turns 12 years of age, his or her wishes to live with one parent or another are usually respected by the courts.
Can a mother keep the child away from the father Canada?
The Supreme Court of Canada has determined that a custodial parent cannot automatically move a child anywhere without the other parent’s consent. Under both federal and provincial legislation, the decision to allow a child to be moved must be made in the best interests of the child.
What age can a child choose to stay with a parent?
14 years old
If a child is at least 14 years old, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental. Those children may address the court unless the court finds that their participation is not in their best interest.
What Age Can child decide to live with either parent?
14-years-old
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
What happens in a section 47 investigation?
A Section 47 enquiry means that CSC must carry out an investigation when they have ‘reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm’1. The aim is to decide whether any action should be taken to safeguard the child.
Can you refuse a section 47?
Where the local authority shares Parental Responsibility for the child, the local authority must also consent to the paediatric assessment. A child who is of sufficient understanding may refuse some or all of the paediatric assessment, although refusal can potentially be overridden by a court.
What is Section 3 of the Family Law Act?
Section 3 (3) of the Family Law Act makes it clear that the Legislature was not attempting, in s. 95 (3) , to give parens patriae jurisdiction to the Provincial Court. […] [14] Sections 1 (e), 3 , 4 , and 95 of the Family Law Act read as follows: […]
When did CanLII apply under the Family Law Act?
1. CW v. Southeast Alberta Child and Family Services, 2007 ABPC 41 (CanLII) […] e. Subsequent to the granting of the Permanent Guardianship Orders, on June 9, 2006 the Applicants brought this application for Private Guardianship under s.23 of the Family Law Act .
How does the Family Law Act help families?
The Family Law Act puts the safety and best interests of the child first when families decide not to live together anymore. The act also: Encourages families to resolve their disputes out-of-court. Clarifies parental responsibilities and the division of assets when couples separate and divorce. Addresses family violence, and.
When to file financial statement under Family Law Act?
(3.3) A party who is required under subrules (1) to (3) to serve and file a financial statement in relation to a claim under Part I of the Family Law Act shall, no later than 30 days after the day by which the financial statement is required to be served, serve on the other party the following information, unless the court orders otherwise: 1.