Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 20
Court order 20 (1) A court may, on application by a spouse or common-law partner whether or not that person is a First Nation member or an Indian, order that the applicant be granted exclusive occupation of the family home and reasonable access to that home, subject to any conditions and for the period that the court specifies. Interim order (2) The court may make, on application by either spouse or common-law partner, an interim order to the same effect, pending the determination of the application under subsection (1). Considerations (3) In making an order under this section, the court must consider, among other things, (a) the best interests of any children who habitually reside in the family home, including the interest of any child who is a First Nation member to maintain a connection with that First Nation; (b) the terms of any agreement between the spouses or common-law partners; (c) the collective interests of First Nation members in their reserve lands and the representations made by the council of the First Nation on whose reserve the family home is situated with respect to the cultural, social and legal context that pertains to the application; (d) the period during which the applicant has habitually resided on the reserve; (e) the financial situation and the medical condition of the spouses or common-law partners; (f) the availability of other suitable accommodation that is situated on the reserve; (g) any existing order made on a matter related to the consequences of the breakdown of the conjugal relationship; (h) any family violence; (i) any acts or omissions by one of the spouses or common-law partners that reasonably constitute psychological abuse against the other spouse or common-law partner, any child in the charge of either spouse or common-law partner, or any other family member who habitually resides in the family home; (j) the existence of exceptional circumstances that necessitate the removal of a person other than the applicant’s spouse or common-law partner from the family home in order to give effect to the granting to the applicant of exclusive occupation of that home, including the fact that the person has committed acts or omissions that constitute family violence, or reasonably constitute psychological abuse, against the applicant, any child in the charge of either spouse or common-law partner, or any other family member who habitually resides in the family home; (k) the interests of any elderly person or person with a disability who habitually resides in the family home and for whom either spouse or common-law partner is the caregiver; (l) the fact that a person, other than the spouses or common-law partners, holds an interest or right in or to the family home; and (m) the views of any person who received a copy of the application, presented to the court in any form that the court allows. Content of order (4) An order made under this section may contain provisions such as (a) a provision requiring the applicant’s spouse or common-law partner and any specified person — whether or not they are First Nation members or Indians — to vacate the family home, immediately or within a specified period, and prohibiting them from re-entering the home; (b) a provision requiring the applicant’s spouse or common-law partner to preserve the condition of the family home until that person vacates it; (c) a provision directing the applicant to make payments to the other spouse or common-law partner toward the cost of other accommodation; and (d) a provision requiring either spouse or common-law partner to pay for all or part of the repair and maintenance of the family home and of other liabilities arising in respect of the family home, or to make payments to the other spouse or common-law partner for those purposes. Emergency protection order revoked (5) An existing order made under any of sections 16 to 18 in favour of or against one of the spouses or common-law partners is revoked when the court makes an order u