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The Child Custody Enforcement Amendment Act

S.M. 1988-89, c. 12

Bill 11, 1st Session, 34th Legislature

The Child Custody Enforcement Amendment Act

(Assented to December 20, 1988)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C360 amended

1           The Child Custody Enforcement Act is amended in the manner set out in this Act.

Section 14.1 added

2           The Act is amended by adding the following after section 14:

Order where access wrongfully denied

14.1(1)     Where a court, upon application, is satisfied that a person in whose favour an order has been made for access to a child at specific times or on specific days has been wrongfully denied access to the child by a person in whose favour an order has been made for custody of the child, the court may make one or both of the following orders, taking into account the best interests of the child:

(a) require the respondent to reimburse the applicant for any reasonable expenses actually incurred as a result of the wrongful denial of access;

(b) require supervision of the access where the court is satisfied that a person or agency is willing and able to provide proper supervision.

Order on failure to exercise access

14.1(2)     Where the court, upon application, is satisfied that a person in whose favour an order has been made for access to a child at specific times or on specific days has wrongfully failed to exercise the right of access or to return the child as the order requires, the court may make one or both of the following orders, taking into account the best interests of the child:

(a) require the respondent to reimburse the applicant for any reasonable expenses actually incurred as a result of the failure to exercise the right of access or to return the child as the order requires;

(b) require supervision of the access where the court is satisfied that a person or agency is willing and able to provide proper supervision.

Commencement of Act

3           This Act comes into force on the day it receives the royal assent.