According to the provisions of the Juvenile Delinquents Act , it is clear that the state is primarily concerned with the individual who has violated the laws of the nation , province or municipality and not with the rest of the family unit to which the offender belongs. [...] In the event court action is the only alternat1ve, the Counsellor prepares the af fidavit in the case where an application is required to commence the proceedings, has the applicant swear t·o the a ffidavit and arranges to have the appl1cant and respondent appear in court - 19 - on a given date. [...] When the matter in issue before the court is one of custody of children, the Judge adjourns the hearing for three weeks and assigns one of the Counsellors to investigate the circumstances of the parties seeking custody of the children. [...] Under section 10 of The Divorce Act, the court may make interim orders for the maintenance of either spouse pending the hearing of the petition according to the means and needs of each spouse, for the maintenance custody care and upbringing of the children of the marriage and in relieve either spouse of. [...] It is as well to keep in mind that the more complete and sweeping the proposal of change - and actual change - the greater the temptation to the government, the judiciary and the law profession to resist change.
- Pages
- 114
- Published in
- Canada
