Overview and Assessment of
Approaches to Access Enforcement

2001-FCY-8E

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APPENDIX A
SUMMARY OF FEDERAL, PROVINCIAL AND TERRITORIAL STATUTES

• Best Interests of the Child
  • Are access orders based on the best interests of the child standard?
  • Are the views of capable children taken into account?
  • Is domestic violence taken into account?
  • Are best interests of the child a primary consideration in access enforcement?
    
    
• Preventive and Alternative Measures
  • Are difficult cases identified early and special measures taken to deal with them?
  • Is there provision for parental education?
  • Is there provision for voluntary mediation?
  • Is there provision for supervised access services?
    
    
• Remedies for Access Denial
  • Is there statutory provision for justified access denial?
  • Are compensatory access and compensation for expenses available?
  • Is court-ordered apprehension available?
  • How are contempt of access orders punished?
  • Are suspension of child support and transfer of custody rejected as remedies?
    
    
• Remedies for Abduction
  • Are there provisions aimed at preventing abduction?
  • Are there provisions aimed at locating the child?
  • Are there provisions for return of the abducted child in non-Hague cases?
  • Has the Hague Convention been implemented?
    
    
• Enforcement of Foreign and Extraprovincial Access Orders
  • Is there provision for unilateral recognition and enforcement of foreign and extraprovincial access orders?
    
    
• Enforcement against the Non-custodial Parent
  • Are non-custodial parents encouraged to maintain contact with their children?
  • Is wrongful failure to exercise access defined?
  • What remedies are available for failure to exercise access?
    
    
• Responsibility for Access Enforcement
  • Is the government responsible for enforcing orders or for providing preventive and alternative measures?

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