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Family court urges criminal justice system to include family court order exceptions in bail conditions.
In a child protection proceeding, the mother was charged criminally with assaulting one of the children.
Her criminal release conditions prohibited contact with the children except as supervised by the child protection agency.
The family court issued an endorsement highlighting that such restrictive bail conditions, without an exception for family court orders, effectively strip the family court of its jurisdiction to determine the children's best interests and stymie reunification efforts.
The court urged the criminal justice system to routinely include an exception allowing contact 'in accordance with a family court order'.
The court extended the equalization limitation period and declared a family agreement a sham trust.
This decision addresses the determination of the valuation date for equalization of net family property and the extension of time to bring an equalization claim under the Family Law Act.
The court finds the parties separated on August 3, 2013, and grants the applicant wife an extension of time to bring her claim, rejecting the respondent husband's earlier separation date and arguments of substantial prejudice.
The court also finds that a family "Agreement and Last Will" was a sham trust, intended to shield assets from creditors, and that the evidentiary record is insufficient to determine equalization, requiring a new trial on equalization and support.