Introduction
The full Bill draft is at the bottom of the page.
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Summary
Time Taken, Time Back Amendment Bill
Protects Children’s attachment to their parents, restores lost parenting time, and discourages dishonest tactics and false accusations. When you return the child, you return the time.
Time Taken Time Back
(Canada Version)
AMENDED BY: ROBERT GARZA
Proposed Amendment to the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)) or Provincial Family Law Acts
(This can be adapted federally or provincially — e.g., Ontario’s Children’s Law Reform Act, Alberta’s Family Law Act, etc.)
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Proposed Section: Additional Parenting Time for Denied Access
(1) Except as provided in subsection (2), a court may order additional periods of parenting time or contact to compensate for the denial of court-ordered parenting time or contact.
(2) Unless a party shows good cause why the order should not be made, a court shall order additional periods of parenting time or contact to compensate for a denial of court-ordered parenting time or contact that resulted from an investigation by a child protection agency or by any investigative authority that did not result in a finding of abuse or neglect.
(3) The additional periods of parenting time or contact:
(a) must be of the same type and duration as the parenting time or contact that was denied;
(b) may include weekends, holidays, and school breaks; and
(c) must occur within two years from the date on which the court finds that the parenting time or contact was denied.
(4) The parent denied parenting time or contact is entitled to determine the scheduling of the additional time, subject to subsection (3)(a).
(5) Subsection (2) does not:
(a) create a cause of action against a child protection agency or any investigative authority; or
(b) waive any governmental immunity to suit or liability.
Optional Provincial Adaptation Example
For Ontario, this would amend the Children’s Law Reform Act, adding a new section after section 28:
28.1 – Compensatory Parenting Time
(1) Where a parent is wrongfully denied parenting time or contact under a court order, the court shall, unless good cause is shown, order additional periods of parenting time to compensate for the denial.
(2) The time awarded must be of equivalent duration and may include weekends, holidays, or school breaks.
(3) The additional time must occur within two years of the finding of denial.