PLTC Family Law Practice Exam Prep - Practice Test & Study Guide

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What is typically required for an individual to apply for a contact order under the DA?

Proof of financial support

Leave of the court

To apply for a contact order under the Divorce Act (DA), an individual must typically obtain leave of the court. This requirement is designed to ensure that the application is warranted and that it is in the best interests of the child. The court needs to review the context of the relationship and the circumstances surrounding the request for contact before progressing.

The leave of the court serves as a safeguard, allowing judges to assess whether the application has merit and aligns with the principles of family law, primarily focusing on the welfare of the child. This process ensures that frivolous or harmful applications are discouraged and that only serious and justified requests bear consideration.

Other options, such as proof of financial support or a collaborative agreement from all parties involved, are not prerequisites for making an application for a contact order. Additionally, while having a history of prior contact with the child may provide context to the court, it does not serve as a mandatory requirement to apply for a contact order. The emphasis instead is on judicial oversight through the leave process.

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A collaborative agreement from all parties involved

A history of prior contact with the child

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