Family Orders and Agreements Enforcement Assistance Act

Marginal note:Contents of application — enforcement of family provision

• 9 (1) The application under section 7 in relation to the enforcement of a family provision must be accompanied by

  • (a) an affidavit that

    • (i) sets out the reasons for the making of the application,

    • (ii) alleges a breach of the family provision, and

    • (iii) sets out particulars of the breach and identifies the person who

      • (A) if the family provision is a support provision, is in arrears, or

      • (B) if the family provision is a parenting provision, contact provision, custody provision or access provision, is believed to have with them the child or children who is or are the subject of the provision; and

  • (b) a copy of the order containing the family provision.

• Marginal note:Ex parte application

  (2) If the application is made ex parte, the affidavit referred to in paragraph (1)(a) must also

  • (a) state that reasonable steps have been taken to locate the person, child or children referred to in subparagraph (1)(a)(iii) and that the person, child or children has or have not been located; and

  • (b) set out the particulars of those reasonable steps.

• Marginal note:Ex parte application by individual

  (3) If the application is made ex parte by an individual,

  • (a) the application must also be accompanied by the results of a recent criminal record check in respect of the applicant and copies of the documents referred to in subparagraph (b)(ii), if any; and

  • (b) the affidavit referred to in paragraph (1)(a) must also

    • (i) state that the sole purpose of the application is to obtain information to enforce the family provision,

    • (ii) state whether or not there is a court order, agreement, undertaking or recognizance or any other document that is of a similar nature that restricts the applicant’s communication or contact with the person, child or children referred to in subparagraph (1)(a)(iii), or there is a proceeding respecting such a restriction,

    • (iii) state whether or not the applicant has caused or has attempted to cause physical harm to the person, child or children or has caused them to fear for their safety or security or that of another person, and

    • (iv) state whether or not the applicant has been charged with or found guilty of an offence against the person, child or children.