sec.18Giving notice of proceeding to named person

sec.18 Giving notice of proceeding to named person

This rule applies if a person is to be specifically named in a domestic violence order when it is made, or at a later time if it is varied. If a DFVP court considers that it is necessary and appropriate, the DFVP court may order that a copy of the DFVP application for the protection order or a variation of the protection order be served on the person. If the person is a child, the DFVP court must consider the following matters before making an order under subrule (2) — the age of the child; the ability of the child to understand the DFVP application; whether the court has dispensed with the requirement to give a copy of the DFVP application to a parent of the child under the DFVP Act , section 188 (3) ; whether service of the copy of the DFVP application is in the best interests of the child; whether the child is already aware of the proceeding or the circumstances giving rise to the proceeding. If an order is made, the clerk of the DFVP court must— serve a copy of the DFVP application on— if the person is a child—the child in accordance with the DFVP Act , section 188 ; or otherwise—the person; and inform the person that the person may be specifically named in the domestic violence order; and inform the person that the DFVP court may inform itself in any way it considers appropriate in a proceeding under the DFVP Act , section 145 . (sec.18-ssec.1) This rule applies if a person is to be specifically named in a domestic violence order when it is made, or at a later time if it is varied. (sec.18-ssec.2) If a DFVP court considers that it is necessary and appropriate, the DFVP court may order that a copy of the DFVP application for the protection order or a variation of the protection order be served on the person. (sec.18-ssec.3) If the person is a child, the DFVP court must consider the following matters before making an order under subrule (2) — the age of the child; the ability of the child to understand the DFVP application; whether the court has dispensed with the requirement to give a copy of the DFVP application to a parent of the child under the DFVP Act , section 188 (3) ; whether service of the copy of the DFVP application is in the best interests of the child; whether the child is already aware of the proceeding or the circumstances giving rise to the proceeding. (sec.18-ssec.4) If an order is made, the clerk of the DFVP court must— serve a copy of the DFVP application on— if the person is a child—the child in accordance with the DFVP Act , section 188 ; or otherwise—the person; and inform the person that the person may be specifically named in the domestic violence order; and inform the person that the DFVP court may inform itself in any way it considers appropriate in a proceeding under the DFVP Act , section 145 .

• (a) the age of the child;
• (b) the ability of the child to understand the DFVP application;