In an ideal world, all divorced or divorcing couples would work out their separations amicably and with the best interests of all those involved at heart. It is an unfortunate fact that this is not always how things work. There are circumstances that make a civil dissolution of a marriage impossible, including when a child’s safety is deemed to be at risk. Family law in British Columbia, however, is well set up to offer protection in such cases.
If you fear for the safety of your child from another family member, such as an ex-spouse, you may wish to apply for a family law protection order. The application is made in either Provincial or Supreme Court. A protection order can be used to shield a child from direct physical violence or abuse, or exposure to violence.
Once the other party has been served notice of the order, he or she may choose to challenge its validity in court. If that does not happen, or if the challenge is denied, that person must abide by the terms of the order or risk punishment. Once an order is activated, it is filed in the province’s Protection Order Registry and can be accessed by police at any time.
It is a shame that sometimes protection orders are necessary to ensure a safe and happy life for a child. However, it is fortunate that British Columbia family law provides the tools needed to maintain the peace you desire. By working with a family law firm, you can determine if a protection order is right for your situation and have the support you’ll need to see its application through.