Ontario Family Law Advancement Act, 2020 (2023)

Downey, Exmo. Doug Attorney General

Received Royal Consent. Ontario Statutes 2020 Chapter 25

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Status

The debate

affected actions

The version

real agreement

As amended by the Standing Committee

Original

Bill 207 Royal Assent (PDF)

EXPLANATIONS

This explanation is written as a reader's explanation of Bill 207 and is not part of the Act.
Bill 207 was enacted as Chapter 25 of the 2020 Ontario Statutes.

Agenda1
Child Rights Reform Act

ÖChild Rights Reform Actis amended to change the terminology used in relation to custody and dealings with children. Custody, which may or may not be sought by a parent, is converted into decision-making responsibility and may be granted by a court on the basis of a parental decree. Access to a child by a parent who has changed the parental leave can also be granted within the framework of a parenting order. Contact with a child by a non-parent who has changed contact in relation to a child may be granted by a court under a contact order. adapt to the new terminology. Subsections 18(5) and (6) of the Act deal with the interpretation of other references in the statutes and regulations relating to custody of or contact with a child. Section 76 is added to the Act to establish rules for moving from existing terminology to new terminology.

In addition, substantive changes to the law are made:

1. Section 24 of the Act on Determining the Child's Welfare in Parental Dispositions or Contact Dispositions is re-enacted.

2. Sections 33.1 through 33.3, which set out the duties of participants in proceedings under Part III of the Act, as well as counsel (as defined in Section 33.2) and the court in such proceedings, are added to the Act.

3. Sections 39.1 through 39.3 specifying notices and other requirements relating to changes of residence and relocation (as defined in amended Section 18 of the Act) and related procedures are added to the Act. In addition, Section 39.4 of the Act sets limits on a person's ability to relocate a child.

In addition to the change to reflect the change in terminology relating to custody and care of a child, thefamily law lawis amended to add Sections 47.2 through 47.4 which set out the duties of parties to proceedings under Part III of this Act, as well as counsel (defined in Section 47.3) and the court in such proceedings. These sections generally correspond to the new Sections 33.1 to 33.3 of theChild Rights Reform Act.

Finally some references in theFamily Liability and Support Delays Enforcement Act, 1996for thedivorce law(Canada) are updated to reflect changes to this law.

Agenda2
law of the courts

Ölaw of the courtsis amended in relation to family law remedies. Corresponding changes are being made to various other laws.

The statute was amended to provide that a final decision of a family court judge made solely pursuant to a provision of an Ontario statute or regulation must be appealed to the Divisional Court. An appeal to the Court of Appeals against a final decision by a Superior Court Judge relating to certain appeals from decisions of the Court of Justice of Ontario now requires the approval of the Court of Appeals. Likewise, certain functions are under theChildren, Youth and Family Services Act, 2017from the Divisional Court to the Court of Appeals no longer requires the approval of the Court of Appeals.

Consequential and related changes will be made to a number of other laws. OName Change Actis amended to extend the definition of "court" to include the family court. Complaints provisions in theName Change Act, ÖChildren, Youth and Family Services Act, 2017, ÖChild Rights Reform Actit is atfamily law lawamended to provide remedies for cases heard in different courts.

Agenda3
family law law

The schedule changesfamily law law. The Minister of Finance is obliged to submit certified copies of the calculation notices at the request of the parents or the designated authority. A similar change is being made in relation to the recalculation of child support.

Several cleanup changes are also made.

Invoice 207 2020

A law amending the Children's Law Reform Act, the Courts of Justice Act, the Family Law Act and other legislation relating to various family law matters

CONTENTS

1.	content of this law
2.	Start
3.	Short title
Annex 1	Child Rights Reform Act
Annex 2	law of the courts
Annex 3	family law law

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, decrees the following:

content of this law

1 This law consists of this section, sections 2 and 3 and the annexes to this law.

Start

2 (1) Subject to paragraphs (2) and (3), this Act shall come into force on the date of receipt of the Royal Assent.

(2) The annexes to this law come into force in accordance with the respective annex.

(3) If any Schedule to this Act provides that any of its provisions shall come into effect on a date to be appointed by proclamation of the Deputy Governor, a proclamation may be applied to one or more of such provisions and proclamations may be issued at different times in reference to any of these provisions.

Short title

3 The abbreviated title of this law is theMovingOntario Family Law Forward Act, 2020.

Annex 1
Child Rights Reform Act

1 The title of Part III of theChild Rights Reform Actis repealed and replaced by the following:

Part III
Decision-making responsibility, parental leave, contact and guardianship

2 The caput before Art. 18 and Art. 18 to 21 of the Act is hereby repealed and replaced by the following:

Interpretation and Purposes

Definitions and Interpretation, Part III

18(1) In this part

"Contact" means the time a child is in the care of anyone other than the child's parents, whether or not the child is physically with the person during that time; ("Contact")

“Contact Request” means a request for contact made in accordance with Section 28 in relation to a Child; ("Contact Order")

"Court" means the Court of Justice of Ontario, the Family Court or the Superior Court of Justice; ("Court")

"Decision-making responsibility" means the responsibility to make important decisions about a child's well-being, including in relation to

(health,

(b) education,

(D)meaningful extracurricular activities;("Decision Responsibility")

“Extra-Provincial Order” means an order of an extra-provincial court and includes part of an Order; (“Regulation extra-provincial”)

“Extra-Provincial Court” means a court or tribunal outside of Ontario that has jurisdiction to make orders relating to decision responsibility, parental leave or contact with a child; (“Extra-Regional Court”)

"Family Member" includes a family member of a child or parent and a parent's dating partner who participates in family activities; ("Family member")

“Family Violence” means any conduct by a family member toward another family member that is violent, threatening, constitutes coercive and controlling behavior, or causes the other family member to fear for their safety or that of another person and includes im case of a child, direct or indirect exposure to such behavior; ("Family Violence")

“Parental Order” means an order made pursuant to Section 28 that respects decision-making responsibility or parental time in relation to a child; (“Parental Policy”)

"Parental Leave" means the time a child spends in the care of one of the child's parents, whether or not the child is physically with the parents during that time; (“Temporary Parenthood”)

"Relocation" means a change of residence of a child or a person who has decision-making responsibility or parental leave in relation to the child or is an applicant for a parental order in relation to the child who is likely to have a significant impact on the child's relationship with,

(a) another person who has decision responsibility or paternity leave in relation to the child or is an applicant for a paternity decision in relation to the child, or

(b) a person who has contact with the child under a contact order; ("Demenagement")

“Severance Agreement” means an agreement that is a valid separation agreement under Part IV of thefamily law law. (“Severance Agreement”)

"Family Violence"

(2) For purposes of the definition of “domestic violence” in paragraph (1), the conduct need not constitute and includes a criminal offense

(a) physical abuse, including forced detention, but excluding the use of reasonable force to protect yourself or another person;

(b) sexual abuse;

(d) harassment, including stalking;

(e) failure to provide for basic necessities;

(f) psychological abuse;

(g) financial abuse;

(h) threats to kill or harm an animal or damage property; It is

(i) kill or injure an animal or damage property.

Kind

(3) A reference in this part to a child is a reference to the child as a minor.

Non-substantial change of circumstances

(4) The enactment or entry into force of any provision of Annex 1 toOntario Family Law Advancement Act, 2020does not in itself constitute a material change in circumstances under this part.

Custody notices, etc.

(5) Unless the context otherwise requires, a reference in any law or regulation to custody of a child, including legal custody or custody of a child, includes a reference to decision-making responsibility in relation to the child under that law Law.

access references, etc.

(6) Unless the context otherwise requires, a reference in a statute or regulation includes contact with a child, including a right of access, a right of access by law, a right of access by law, or a right of contact with a child by reference to parental leave or parental leave Contact, as the case may be, in relation to the child under this Act.

Purposes, Part III

19The purposes of this part are

(a) ensure that claims to courts relating to decision-making responsibility, parental leave, contact and guardianship in relation to children are determined on the basis of the best interests of the child;

(b) Recognize that the simultaneous exercise of jurisdiction by courts of more than one province, territory or state in relation to the determination of decision-making responsibility in respect of the same child should be avoided and accommodations for the Ontario courts shall be made by the abstain from voting except in exceptional circumstances; jurisdiction is exercised or declined in cases where it is more convenient for the matter to be decided by a competent court in another place with which the child has a closer relationship;

(d) provide for the most effective enforcement of parental and contact orders, and the recognition and enforcement of orders made outside of Ontario granting decision responsibility, parental time or contact in relation to a child.

Decision-making responsibility, parental leave and contact

Equal right to decision-making responsibility

20(1) Unless otherwise provided in this part, the parents of a child have the same decision-making responsibility towards the child.

Rights and Responsibilities

(2) A person holding a decision-making authority in relation to a child has the rights and responsibilities of a parent in relation to the child and must exercise those rights and responsibilities in the best interests of the child.

authority to act

(3) If more than one person has decision-making authority over a child, each of them may exercise the rights and duties of a parent vis-à-vis the child.

When the parents separate

(4) If the parents of a child live separately and apart and the child lives with one of them with the consent, implied consent or toleration of the other, the right of the other to exercise decision-making responsibility towards the child is entitled, but not the right to parental leave , is dormant until an agreement or separation order specifies otherwise.

maternity leave

(5) The right to parental leave in relation to a child includes the right to visit and be visited by the child and includes the same right as the parents to ask questions and receive information about the well-being of the child, too related to health and health education of the child.

children's wedding

(6) The right to co-determination or parental leave for a child ends when the child marries.

Right subject to agreement or order

(7) Any right to decision-making responsibility or parental leave under this Section may be modified by court order or separation agreement.

Application for parent order or contact order

Educational order, application by parents

21(1) A parent of a child may apply to the court for a parental order

(a) decision-making responsibility in relation to the child; It is

(b) Parental leave in relation to the child.

Parenting order, request by non-parent

(2) Anyone other than a parent of a child, including a grandparent, may apply to a court for a parental order respecting decision-making responsibility for the child.

contact request

(3) Anyone other than the parent of a child, including a grandparent, may apply to a court for a contact order in respect of the child.

testimony under oath

(4) An application under subsection 1 or 2 for the issuance of a parental order or subsection 3 for the issuance of a contact order shall be accompanied by an affidavit in the form provided for this in the rules of procedure of the court.

(a) the person's proposed plan for the care and upbringing of the child;

(b) Information regarding the person's current or past involvement in family proceedings, including proceedings under Part V of theChildren, Youth and Family Assistance Act 2017, or in a criminal proceeding; It is

(c) any other information known to the individual that is relevant to the factors that the court is required to take into account in determining the best interests of the child under section 24.

3(1) Subsection 21.1(1) of the Act is amended by deleting “custody of a child” and replacing “a parental order concerning decision-making responsibility in relation to the child”.

(2) Subsection 21.1(3) of the Act is amended by deleting “24(3)” and replacing “24(5)”.

4(1) Subsection 21.2(2) of the Act is repealed and replaced by the following:

report request

(2) Anyone applying for a parental order regarding decision-making responsibility for a child who is not a parent of the child pursuant to Section 21 shall submit an application on the form provided by the Attorney General's Office to any association or other body or person prescribed by the regulations , for reporting on,

(a) whether a company has records of the applicant; It is

(b) where records exist and the records show that one or more files relating to the applicant were opened, the date each file was opened and, if the file was closed, the date the file was closed.

(2) Subsection 21.2(8) of the Act is amended by deleting “24(3)” and replacing it with “24(5)”.

5(1) Subsections 21.3(1) and (2) of the Act are repealed and the following are substituted:

Other non-parent processes

(1) If an application for the issuance of a parental order regarding the decision-making responsibility for a child is filed by a person other than the child's parents, the court clerk's office shall provide the court and the parties with information about this in writing. any current or previous family proceedings involving the child or a party to the claim who is not a parent of the child.

The same thing

(2) If an application for the issuance of a parental order on decision-making responsibility for a child is made by a person other than the child's parents, the court may require the court clerk to provide the court and the parties with written information about each current or past criminal proceedings involving a person who is a party to the application and is not a parent of the child.

(2) Subsection 21.3(5) of the Act is amended by deleting “24(3)” and replacing “24(5)”.

6 Articles 22 to 29 of the Law are repealed and replaced by the following:

jurisdiction

22(1) A court will not exercise its jurisdiction to make a parental order or contact order in respect of a child unless:

(a) the child is ordinarily resident in Ontario at the time the order is filed; or

(b) the child is not habitually resident in Ontario but the court is satisfied that

(i) the child is physically present in Ontario at the commencement of enforcement of the order;

(ii) there is reasonable evidence of the best interests of the child in Ontario,

(iii) no claim relating to decision responsibility, parental leave or contact with the child is pending in a non-provincial court in another place where the child has his or her habitual residence,

(iv) no extra-provincial order relating to decision responsibility, parental leave or access to the child has been recognized by an Ontario court,

(v) the child has a genuine and significant connection to Ontario, and

(vi) As a matter of convenience, it is appropriate that jurisdiction be exercised in Ontario.

Habitual residence

(2) A child usually stays in the place where he used to live under the following circumstances:

1. With both parents.

2. If the parents are separated and separated, with one of the parents in a separation arrangement or with the consent, implied consent or acquiescence of the other, or by court order.

3. With a non-parent permanently for a significant period of time.

rapture

(3) The removal or retention of a child without the consent of all persons having a decision-making authority over the child does not alter the child's habitual residence unless the child has tolerated or unreasonably delayed the initiation of due process regarding whom the child is being removed or retained.

serious harm to the child

23Notwithstanding sections 22 and 41, a court may exercise its jurisdiction to make or vary a parental order or contact order in respect of a child if

(a) the child is physically present in Ontario; It is

(b) the court is satisfied that, in all likelihood, the child would suffer serious harm if

(i) the child remains with a person who has the legal authority to make decisions about the child,

(ii) the child is returned to a person who has the legal authority to make decisions relating to the child, or

(iii) the child is removed from Ontario.

welfare of the child

24(1) In making a parental order or contact order in respect of a child, the court shall, subject to this Section, consider only the best interests of the child.

primary consideration

(2) In determining the best interests of the child, the court shall take into account all factors relating to the child's circumstances, and in doing so shall primarily consider the safety, physical, psychological and spiritual well-being of the child. . .

factors

(3) Factors related to a child's circumstances include:

(a) the needs of the child, given their age and developmental level, such as B. the child's need for stability;

(b) the nature and strength of the child's relationship with each of the child's parents, siblings, grandparents and others who play an important role in the child's life;

(c) the willingness of each parent to support the development and maintenance of the child's relationship with the other parent;

(d) the child's care history;

(e) the child's views and preferences, with due regard to the child's age and maturity, unless they cannot be determined;

(f) the child's education and cultural, linguistic, religious and spiritual heritage, including Aboriginal education and heritage;

(g) any plans for the care of the child;

(h) the ability and willingness of each person to whom the order applies to care for the child and provide for his or her needs;

(i) the ability and willingness of each person to whom the order applies to communicate and cooperate, particularly with one another, on matters affecting the child;

(j) Violence in the family and its impact on, among others

(i) the ability and willingness of each person involved in domestic violence to care for the child and meet his or her needs, and

(ii) the appropriateness of making an order that would require the persons to whom the order applies to cooperate in matters affecting the child; It is

(k) any civil or criminal proceeding, order, requirement or action relevant to the safety and well-being of the child.

Factors related to domestic violence

(4) In considering the impact of domestic violence under Section (3)(j), the court must consider the following:

(a) the nature, severity and frequency of domestic violence and when it occurred;

(b) whether there is a pattern of coercive and controlling behavior towards a family member;

(c) whether the domestic violence is directed against the child or whether the child is directly or indirectly exposed to domestic violence;

(d) physical, emotional and psychological harm or risk of harm to the child;

(e) any threat to the safety of the child or another family member;

(f) whether the domestic violence causes the child or other family member to fear for their own safety or that of another;

(g) any measures taken by the person involved in domestic violence to prevent further domestic violence and to improve the person's ability to care for and satisfy the child; It is

(h) any other relevant factors.

previous behavior

(5) In determining the best interests of the child, the court shall not take into account a person's past conduct, unless the conduct is relevant to the exercise of decision-making responsibility, parental leave, or the person's interaction with the child.

division of parental leave

(6) In allocating parental time, the court will follow the principle that a child should have as much time with each parent as is in the best interests of the child.

Application to related orders

(7) This section applies to provisional parental directives and contact orders and amendments to parental directives and contact orders or provisional parental directives and contact orders.

diminishing jurisdiction

25A court having jurisdiction under this Part with respect to decision responsibility, parental leave, or contact with a child may decline to exercise jurisdiction if it considers it more appropriate to exercise jurisdiction outside of Ontario.

delay

26(1) If a request under this Section relating to decision-making responsibility, parental leave or contact with a child is not heard within six months of the opening of proceedings, the court clerk shall list and serve the request to the court, including the elements of the date and the time and place at which the court will set a date for deciding on the claim.

Exception

(2) Subsection (1) shall not apply to a request under this part relating to decision responsibility, parental leave or contact with a child if the child is the subject of a request or order under Part V of theChildren, Youth and Family Services Act, 2017, unless the arrangement under this part relates to

(a) an order in respect of the child made pursuant to subsection 102(1) of theChildren, Youth and Family Services Act, 2017;

(b) an arrangement under subsection 102(3) ofChildren, Youth and Family Assistance Act 2017made concurrently with an order under Subsection 102(1) of this Act; or

(c) a contact order in respect of the child under section 104 of theChildren, Youth and Family Services Act, 2017made concurrently with an order under Subsection 102(1) of this Act.

instructions

(3) When hearing any matter referred to by the Registrar in paragraph (1), the court may by order fix a date for hearing the application and give such instructions in relation to the proceedings and make such an order in relation to the costs of the proceedings as the court deems appropriate.

early date

(4) If the court fixes a date pursuant to subsection (3), the court shall determine the earliest date which, in the opinion of the court, is consistent with a reasonable settlement of the claim.

effect of the divorce proceedings

27When initiating divorce proceedings accdivorce law(Canada) any request under this Part regarding decision responsibility, parental leave, or contact in respect of an unidentified child is suspended except as authorized by the court.

Education requests and contact requests

Parental directives and contact directives

28(1) The court at which an application pursuant to Section 21 is filed

(a) may order the grant,

(i) decision-making responsibility in relation to a child to one or more persons in the event of a claim under clause 21(1)(a) or subsection 21(2);

(ii) parental leave in respect of a child for one or more of the child's parents in the case of a claim under Clause 21(1)(b), or

(iii) contact regarding a child with one or more persons other than the child's parents in response to a request under paragraph 3 of subsection 21;

(b) may by order determine any aspect of incidents relating to the right of choice, responsibility, parental time or contact, as the case may be, in relation to a child; It is

(c) may make any other order which the court may consider necessary and appropriate in the circumstances, including an order

(i) limit the duration, frequency, form or location of contact or communication between either party or between a party and the child,

(ii) prohibit any party or other person from engaging in certain conduct in the presence of the child or at any time when the person is responsible for the care of the child;

(iii) prohibit either party from changing the child's place of residence, school or daycare without the consent or court order of the other party,

(iv) prohibit a party from removing the child from Ontario without the consent of another party or a court order;

(v) the issuance of the minor's passport, the minor's health card within the meaning of Art.health insurance lawor any other document relating to the child that the court can indicate

(vi) require a party to provide or consent to the disclosure of information relating to the child's well-being to the other party or other person determined by the court, including in relation to the child's health and education, or

(vii) require a party to facilitate the child's communication with another party or other person determined by the court in a manner appropriate to the child.

Exception

(2) If an order is issued pursuant to Section 21 in relation to a child who is the subject of an order pursuant to Section 102 of theChildren, Youth and Family Assistance Act 2017, the court shall treat the motion as if it were a motion to vary an order made under this section.

The same thing

(3) When an order for contact with a child is made under part V of theChildren, Youth and Family Services Act, 2017concurrently an order of custody of the child is made under Section 102 of this Act, the court shall treat a request under Section 21 of this Act for parental leave or contact in respect of the child as if it were a request to amend any of the provisions of this Section placed order.

Allocation of decision responsibility

(4) The court may assign decision-making responsibility for a child or parts thereof to one or more persons.

division of parental leave

(5) The court can allocate parental leave to a child according to a plan.

Parental leave, everyday decisions

(6) Unless the court orders otherwise, a person to whom the court assigns parental leave in respect of a child shall, during that time, have exclusive authority to make day-to-day decisions affecting the child.

plano parent

(7) The court shall include in a parental directive or contact directive any written parental plan submitted by the parties and containing the elements relating to decision responsibility, parental leave or contact on which the parties agree, subject to any amendments which the court may indicate whether, in its opinion, this is in the best interests of the child.

Right to request and receive information

(8) Unless otherwise ordered by the court, a person granted decision-making responsibility or parental leave in relation to a child by a parental order shall have the right to request and receive welfare information, subject to applicable laws. of the child, including in relation to the health and upbringing of the child,

(a) any other person who has been awarded decision-making responsibility or parental leave in relation to the child under a paternity decision; It is

(b) any other person who may have such information.

order a variation

29(1) A court shall not make an order under this Part modifying a parental order or a contact order unless there has been a material change in circumstances which affects or is likely to affect the best interests of the child who is the subject of the order .

laying

(2) For the purposes of subsection (1), the relocation of a child under Section 39.4 constitutes a material change of circumstances, unless the relocation has been prohibited by a court, in which case the relocation in itself does not constitute a material change represents change of circumstances.

Corresponding variation of parental order

(3) If the court changes a contact order, it may also change the parental order to take account of the change in the contact order.

Corresponding variation of the contact order

(4) If the court amends a parental order, it may also amend any contact order to reflect the change in parental order.

7 titles before § 30 of the law are repealed and replaced as follows:

Decision Responsibility, Parenting and Contact Time - Court Aid

8(1) Subsection 30(1) of the Act is amended by deleting “in relation to custody of or contact with a child” and replacing “with a parental order or contact order in respect of a child”.

(2) The English version of Subsection 30(2) of the Act is amended by deleting “in connection with custody of or contact with the child”.

9 Subsection 31(1) of the Act is amended by deleting “on custody of or contact with a child” and replacing “by parental order or contact order”.

10The law is amended by the addition of the following sections:

Decision-making responsibility, parental leave and contact – duties

parties

welfare of the child

33.1(1) A person who has been granted decision, parental leave or contact time responsibility for a child by virtue of a parental order or contact order must exercise the decision, parental or contact time responsibility in a manner that is consistent with the best interests of the child within the meaning of Section 24

Protect children from conflict

(2) A party to a proceeding under this part shall do its best to protect each child from any conflict arising out of the proceeding.

Alternative Dispute Resolution Procedure

(3) Where appropriate, parties to a proceeding shall attempt to resolve matters that may be the subject of an order under this Part through an alternative dispute resolution process, such as negotiation, mediation, or cooperative law.

Complete, accurate and current information

(4) A party to a proceeding under this part, or a person who is the subject of a request under this part, shall provide complete, accurate and up-to-date information where required by this part.

Obligation to execute orders

(5) For the avoidance of doubt, a person who is subject to an order made under this Part shall comply with the order until it is no longer in force.

certification

(6) Any document initiating a proceeding under this Part, or responding to such a document filed by a party to the proceeding with a court, shall contain a statement by the party confirming that the party is aware of its obligations to which the party is discussed in paragraphs (1) to (5).

legal advisor

The definition

33.2(1) In this section

"Family Justice Services" public or private services designed to help people deal with problems arising from a separation or divorce; (“Family Justice Services”)

"Legal Counsel" means a person authorized under theLaw on the Bar Associationpractice as attorneys or provide legal services to another person in a proceeding under this part. ("Legal advisor")

Discussion and information obligation

(2) It is the duty of any counsel who undertakes to act on behalf of a person in any proceeding under this Part:

(a) encourage the person to attempt to resolve matters that may be the subject of an order under this part through an alternative dispute resolution mechanism in accordance with subsection 33.1(3), unless the circumstances of the case are such that the Case is clearly not suitable for this;

(b) inform the Family Justice Service person known to Legal Counsel who can assist him;

(i) in resolving any matter which may be the subject of an order under this part, and

(ii) violate any order or decision made under this Part; It is

certification

(3) Any document initiating or responding to a proceeding under this Part that is filed by counsel with a court shall include a statement by counsel certifying that counsel complied with paragraph (2).

Focused

33.3(1) The purpose of this section is to facilitate

(a) the identification of any order, commitment, acknowledgment, agreement or action that may conflict with a parental order or contact order; It is

(b) the coordination of procedures.

Information about other orders or procedures

(2) The court shall have a duty to consider whether any of the following proceedings are pending or in force in respect of any part of a proceeding under this part, unless the circumstances of the case are such that it is clearly not appropriate to do so the:

1. an injunction pursuant to Section 35, whichfamily law lawor theChildren, Youth and Family Services Act, 2017, or any other civil law order designed to protect the safety of any person, including an order prohibiting a person from

I. being physically close to a specific person or following a specific person from one place to another,

ii. contact or communicate with a specific person, directly or indirectly,

iii. visit or stay at a certain distance from a certain place or place,

4. Harassing or threatening behavior towards a specific person,

v. occupy a detached house or residence, or

seen. involvement in family violence.

2. An order, procedure, agreement or measure designed to protect minors.

3. An order, proceeding, promise or admission relating to a criminal matter.

Survey

(3) In order to fulfill its duty under paragraph 2, the court may ask the parties questions or examine easily accessible information obtained through legal research.

11 Titles before Article 34 and Article 34 of the Law are repealed and replaced by the following:

Decision Making, Responsibility, Maternity Leave and Contact – Execution

Supervision of parental orders and contact orders

34(1) The court may issue such instructions as it deems appropriate for the supervision of decision-making responsibility, parental leave or access in relation to a child pursuant to a parental order or a contact order by any person, children's association or other body.

consent to act

(2) A court may not instruct a person, a children's charity or any other body to monitor the exercise of the decision-making, parental leave or contact responsibility under paragraph 1, unless the person, association or body has consented as At sight.

12(1) Subsection 36(1) of the Act is amended by,

(a) delete “An order for custody or contact of a child has been made” and replace “A parental order or contact order has been made in respect of a child”; It is

(b) Eliminate "custody or access" and replace "decision responsibility, parental time, or contact."

(2) Section 36(2)(a) and (c) of the Act is repealed and replaced by the following:

(a) that a person unlawfully retains a child of a person entitled to decision-making responsibility, parental leave or contact in relation to the child;

.. . . .

(c) that a person entitled to parental leave or access to a child proposes to remove the child or remove the child from Ontario and the child is unlikely to return,

(3) Subsection 36(8) of the Act is amended by deleting “an application for custody or contact” and replacing “an application for a parental order or contact order”.

13 Subsection 37(2) of the Act is amended by deleting “access to a child” and replacing “parental period or contact in relation to a child”.

14 (1) Section 39(1)(a) and (b) of the Act are repealed and replaced as follows:

(a) for the purpose of submitting a request relating to decision responsibility, parental leave or contact under this Part; or

(b) for the purpose of enforcing a parental order or contact order,

(2) Section 39 (2) of the Act is repealed and replaced by the following:

Exception

(2) A court may not order a demand under paragraph (1) if the court is satisfied that the purpose of the demand is to enable the plaintiff to ascertain or obtain details of the identity of a person who is a made a decision – to make a decision in relation to a child instead of seeking or confirming the whereabouts of the proposed defendant, or to enforce a parental or contact order.

15The law is amended by the addition of the following sections:

Decision-makingResponsibility, parental leave and contact – residence and relocation

Change of residence, decision-makers or parental leave

39.1(1) A person who has decision-making responsibility or parental leave for a child and intends to change the child's domicile or whereabouts must notify any other person who has decision-making responsibility, parental leave or contact persons a contact order regarding the intended child.

reporting requirements

(2) The termination must be in writing and must state

(a) the date on which the change is expected to take place; It is

(b) the address of the person's or child's new residence and contact information, if any.

Exception

(3) In any event, the court may, upon application, determine that subsections (1) and (2) do not apply or apply with modifications determined by the court if the court deems it appropriate, including whether there is a risk of domestic violence.

The same thing

(4) A request under paragraph (3) may be made to another party without prior notice.

non-application

(5) This section does not apply to relocations.

Change of residence, contact person

39.2(1) A person who has contact with a child under a contact order and intends to change residence must notify any person on decision or parental leave of the child of the intention.

reporting requirements

(2) The termination must be in writing and must state

(a) the date on which the change is expected to take place; It is

(b) the person's new residence address and contact information.

significant impact, additional requirements

(3) If the change of residence is likely to have a significant impact on the relationship between the child and the person, the following additional requirements apply to the notification:

1. Notification must be given at least 60 days before the expected date of the change.

2. Notice of termination shall be in the form required by law or, if no form is required, in writing and shall state:

I. a suggestion as to how the contact might be exercised, and

ii. any other information that may be required by the regulations.

Exception

(4) The court may, upon request, in any case, determine that subsections 1, 2 and 3 or everything prescribed in the regulations for the purposes of subsection 2 of subsection 3 are not applicable or applicable in the event of changes, the court specifies , when the court deems appropriate, including where there is a risk of domestic violence.

The same thing

(5) A request under subsection (4) may be made without notifying any other party.

regulations

(6) The Attorney General may make regulations prescribing anything in this Section that may be prescribed by regulations.

laying

39.3(1) A person who has decision-making responsibility or parental leave for a child who intends to relocate must notify any other person who has decision-making responsibility, parents, time or contact under a contact order regarding at least 60 days before the intended date of the intended move on the intended child.

reporting requirements

(2) Notice of termination must be given in the form prescribed by law or, if no form is prescribed, in writing and contain:

(Video) Family Court of Ontario

(a) the estimated date of the intended move;

(b) the address of the person's or child's new residence and contact information, if any;

(c) a proposal on how the decision-making responsibility, parental leave or contact could be exercised, as the case may be; It is

(d) any other information that may be required by the Regulations.

Exception

(3) Upon application, the court may in any case determine that subsections (1) and (2) or anything prescribed in the regulations for the purposes of subsection (2) do not apply or apply with certain modifications to the court if the court so decides for appropriate, even if there is a risk of domestic violence.

The same thing

(4) A request under paragraph (3) may be made to another party without prior notice.

objection

(5) A decision-maker or legal guardian who is informed of the planned move pursuant to paragraph 1 may contest the move no later than 30 days after receipt of the notice by

(a) notify the person who notified the proposed reassignment of the objection to it; or

(b) Order placement in accordance with Section 21.

reporting requirements

(6) The notice under paragraph (5)(a) must be in writing and contain the following:

(a) a statement that the person objects to the transfer;

(b) the reasons for the objection;

(d) any other information that may be required by the Regulations.

regulations

(7) The Office of the Public Prosecutor may issue regulations

(a) prescribe in this Section anything that may be required by the Regulations;

(b) to require that notice under this Section be given in a manner specified by the Regulations.

relocation permit

39.4(1) In this section

"Family Arbitration" has the same meaning as inSchiedsgesetz, 1991.

The same thing

(2) A person who has notified a proposed move under Section 39.3 and intends to move a child may do so on the date specified in the notification if

(a) the location has been approved by a court; or

(b) relocation is not objected to under subsection 39.3(5) and no order prohibiting relocation is in place.

welfare of the child

(3) When deciding whether the relocation of a child is to be approved, the court shall take into account the best interests of the child pursuant to Section 24 and,

(a) the reasons for the change;

(b) the effect of the change on the child;

(c) the time spent with the child by each person who is on parental leave or seeking parental authority in respect of the child and the level of participation of each such person in the life of the child;

(d) whether the person intending to relocate the child has complied with all applicable notification requirements under Section 39.3 and with all applicable laws, regulations, orders, family arbitration awards and agreements;

(e) the existence of a family decree, arbitration award or agreement specifying the geographic area in which the child is required to reside;

(f) the adequacy of the proposal of those intending to relocate the child to change the exercise of decision-making responsibility, custody or contact time, taking into account, among other things, the place of new residence and travel costs; It is

(g) whether any person who has decision-making responsibility, parental leave or is an applicant for a parental order in relation to the child has fulfilled their duties pursuant toall applicable laws, ordinances, orders,Family arbitration award or agreement and likelihood of future compliance.

Factor not to be considered

(4) In deciding whether to authorize the relocation of the child, the court should not consider whether the person intending to relocate the child would relocate without the child or would not relocate at all if the relocation of the child was prohibited is.

burden of proof

(5) If the parties to the proceeding substantially comply with an order, family award, or agreement providing for a child to spend substantially equal amounts of time in the care of each party, the party seeking to relocate the child shall bear the burden of proof making sure that the move would be in the best interests of the child.

The same thing

(6) If the parties to the proceedings comply substantively with an order, family arbitration award, or agreement providing for a child to spend the majority of his or her time in the care of the party wishing to relocate the child, the party opposing the relocation shall bear responsibility the burden of proof that a transfer is not in the best interests of the child.

The same thing

(7) In all other cases, the parties to the proceedings bear the burden of proof that the move is in the best interests of the child.

Burden of proof, exception

(8) If an order under paragraph 5 or 6 is an interim order, the court may determine that paragraph does not apply.

moving expenses

(9) If a court authorizes the relocation of a child, it may provide for a sharing of the costs of taking parental leave by a person who is not relocating between this person and the person relocating the child.

16 The heading before Section 40 of the Act is deleted and replaced as follows:

Decision-making responsibility, parental leave and contact – extra-provincial matters

17 Section 40(1) of the Act is amended by deleting “interim custody or contact order” and replacing “interim parental order or contact order”.

18(1) Subsection 41(1) of the Act is amended by deleting “an order for custody of or contact with a child” in the part before sentence (a) and replacing it with “an order for decision-making responsibility, parental leave”. or contact in relation to a child”.

(2) Subsection 41(3) of the Act is amended by deleting “for the custody of or contact with a child” and replacing “the granting of decision-making authority, parental leave or contact in relation to a child”.

19 Subsection 42(1) of the Act is amended by deleting “relating to custody of or contact with a child” in the part before sentence (a) and “relating to decision-making responsibility, parental leave or contact in relation to a child”.

20 Article 43 of the Law is repealed and replaced by the following:

Replacement order, serious property damage

43Upon application, a court may by order vacate an extra-provincial order relating to decision responsibility, parental leave, or access to a child if the court is satisfied that the child would have a reasonable probability of serious harm. If,

(a) the child remains with a person who has the legal authority to make decisions relating to the child;

(b) the child is returned to a person who has the legal authority to make decisions relating to the child; or

21 The previous title of Article 61 of the Act is deleted and replaced by the following:

Testamentary decision-making responsibility and guardianship

22(1) Subsection 61(1) of the Act is repealed and replaced as follows:

Appointments by declaration of intent

Regulation of decision-making responsibility

(1) A person with authority to make decisions over a child may, by will, appoint one or more persons with authority to make decisions over the child after the death of the customer.

(2) Section 61(4)(a) and (b) of the Act are amended by deleting “having custody of the child” wherever it appears and replacing it with “having the authority to make decisions relating to the child”. Child ".

(3) Subsection 61(5) of the Act is amended by deleting “having custody of” and replacing “having decision-making responsibility in relation to a child”.

(4) Section 61 (7) of the Act is amended by

(a) delete “for custody of a child” and replace “for decision-making responsibility in relation to a child”; It is

(b) Delete “having custody of the child” and replace “having decision-making responsibility in relation to the child”.

23 Paragraph 62(5) of the Law is repealed and replaced by the following:

If the identity of another biological parent is not known

(5) When, in respect of a child conceived through sexual intercourse but not through fertilization by a sperm donor, parentage is not presumed and the identity of the person whose semen resulted in the conception of the child is not known or cannot reasonably be ascertained , the court may order alternative service or waive the service of documents on the person whose semen resulted in the conception of the child in the proceedings.

24 Subsection 75(1) of the Act is amended by deleting “custody of the child” and replacing it with “responsibility for decision-making relating to the child”.

25The law is amended by the addition of the following section:

Crossing,Ontario Family Law Advancement Act, 2020

76(1) In this section

"Transition Date" means the date on which Section 25 of Schedule 1 toMovingOntario Family Law Forward Act, 2020comes into effect.

Custody is considered a decision-making responsibility

(2) Unless the court otherwise directs, a person who had custody of a child immediately prior to the transition date under an order under this Part or under a separation agreement shall be deemed on the transition date to have discretionary responsibility with respect to the child under the separation decision or agreement, and references in the custody order or separation agreement should be read as references to decision-making responsibility.

Access counts as parental leave, contact

(3) Unless otherwise ordered by the court, a person who had contact with a child immediately prior to the transition date pursuant to an order under this Part or a separation agreement shall be deemed to have parental leave with respect to the child from the transition date if the person is the child's parent, or contact in relation to the child if the person is not a parent of the child, and references in the application or separation agreement to contact must be read as references to the time parenting or contact, as the case may be.

Extension, terms, etc. Responsibility for decisions and parental leave

(4) For the purposes of paragraphs (2) and (3), a person's decision-making responsibility, parental time, or contact in relation to a child is as described in the separation order or agreement in relation to custody, contact, or both , as applied immediately before the transition date.

non-application of ss. 39.1, 39.3

(5) A person who has decision-making responsibility or parental leave in respect of a child under paragraph (2) or (3) need not make a notice under paragraph 39.1 or 39.3 if a court order has preceded the transition date specify that no notification is required if the person or the child moves house.

Children, Youth and Family Assistance Act 2017

26(1) Paragraph 74(2)(k) tunChildren, Youth and Family Assistance Act 2017is amended by deleting “to exercise custody” and replacing “to exercise custody”.

(2) Subsection 102(2) of the Act is amended by deleting “shall be deemed to have been made in accordance with Section 28” in the section preceding sentence (a) and replacing “shall be deemed to be a parental order or contact order, as the case may be, made in accordance with Article 28 become".

(3) Section 102(6)(a) of the Act is amended by deleting “custody of the child” and replacing it with “responsibility for decision-making relating to the child”.

(4) Section 103 of the Act is repealed and replaced by the following:

processes belowChild Rights Reform Act

103If any proceeding is commenced or custody, custody or supervision of a child is ordered under this part, all proceeding under theChild Rights Reform Actconsideration of decision responsibility, parental leave or contact in relation to the same child is suspended unless authorized by the court in the proceedings under this Act.

(5) Section 116 (6) of the Act is repealed and replaced by the following:

processes belowChild Rights Reform Act

(6) If a request is made under this Section or proceedings are instituted under this Part, any proceedings under theChild Rights Reform Actconsideration of decision responsibility, parental leave or contact in relation to the same child is suspended unless authorized by the court in the proceedings under this Act.

(6) Paragraph 11 of Subsection 125(1) of the Act is amended by deleting “for the exercise of custody” and replacing “for the exercise of custody”.

law of the courts

27(1) subsection 21.11(2) deslaw of the courtsis changed by deleting "usually" and replacing "usually".

(2) Section 112 (1) of the Act is repealed and replaced by the following:

Child Advocate's Investigation and Report

(1) In a proceeding pursuant todivorce law(Canada) or theChild Rights Reform ActIf a matter relating to decision responsibility, parental leave, or contact with a child is brought to court, the juvenile attorney may conduct an investigation and report to the court and make recommendations on any issue related to decision responsibility—making, parental leave, or contact regarding the child and child support and upbringing.

family law law

28 (1) § 37 of thefamily law lawis modified by the addition of the following subsection:

Novation

(4) An Order may not be amended on the basis of the entry into force or entry into force of any provision of Annex 1 toOntario Family Law Referral Act, 2020.

(2) Section 39(3)(1) of the Act is amended by deleting “has custody of the child” and replacing “has decision-making authority within the meaning of this Act in relation to the child”.

(3) Section 47 of the Act is repealed and replaced by the following:

applicationChild Rights Reform Act

47The court may order an application for assistance to be suspended until an application is made afterChild Rights Reform Acta parental order has been established.

(4) The law is amended by adding the following sections:

obligations of the parties

Alternative Dispute Resolution Procedure

47.2(1) Where appropriate, the parties to a proceeding shall attempt to resolve matters that may be the subject of an order under this Part through an alternative dispute resolution process, such as negotiation, mediation or cooperative law.

Complete, accurate and current information

(2) A party to a proceeding under this Part, or a person who is the subject of a request under this Part, shall provide complete, accurate and up-to-date information if required under this Part.

Obligation to execute orders

(3) For the avoidance of doubt, a person who is subject to an order made under this Part shall comply with the order until it is no longer in force.

certification

(4) Any document initiating a proceeding under this Part, or responding to such a document filed by a party to the proceeding with a court, shall contain a statement by the party confirming that the party is aware of the obligations to which the party is discussed in paragraphs (1) to (3).

Obligations of Legal Advisors

The definition

47.3(1) In this section

"Family Justice Services" public or private services designed to help people deal with problems arising from a separation or divorce; (“Family Justice Services”)

"Legal Counsel" means a person authorized under theLaw on the Bar Associationpractice as attorneys or provide legal services to another person in a proceeding under this part. ("Legal advisor")

Discussion and information obligation

(2) It is the duty of any counsel who undertakes to act on behalf of a person in any proceeding under this Part:

(a) encourage the person to attempt to resolve matters that may be the subject of an order under this part through an alternative dispute resolution mechanism in accordance with subsection 47.2(1), unless the circumstances of the case are such that the Case is clearly not suitable for this;

(b) inform the Family Justice Service person known to Legal Counsel who can assist him;

(i) in resolving any matter which may be the subject of an order under this part, and

(ii) violate any order or decision made under this Part; It is

certification

court duties

47.4(1) The purpose of this section is to facilitate

(a) the identification of any order, promise, acknowledgment, agreement or action that may conflict with an order under this Part; It is

(b) the coordination of procedures.

Information about other orders or procedures

1. an injunction pursuant to Section 46, whichChild Rights Reform Actor theChildren, Youth and Family Services Act, 2017, or any other civil law order designed to protect the safety of any person, including an order prohibiting a person from

I. being physically close to a specific person or following a specific person from one place to another,

ii. contact or communicate with a specific person, directly or indirectly,

iii. visit or stay at a certain distance from a certain place or place,

4. Harassing or threatening behavior towards a specific person,

v. occupy a detached house or residence, or

seen. involvement in family violence.

2. An order, procedure, agreement or measure designed to protect minors.

3. An order, proceeding, promise or admission relating to a criminal matter.

Survey

(3) In order to fulfill its duty under paragraph 2, the court may ask the parties questions or examine easily accessible information obtained through legal research.

(5) Section 51 of the Act is supplemented by the following definitions:

“Decision Responsibility” has the same meaning as in Part III of theChild Rights Reform Act; ("Decision Responsibility")

"Parental Leave" has the same meaning as in Part III of theChild Rights Reform Act; ("temporary parents")

(6) Section 52(1)(c) of the Act is amended by deleting “custody or contact with your children” and replacing it with “decision-making responsibility or parental leave in relation to your children”.

(7) Clause 53(1)(c) of the Amended Act deletes “custody or contact with your children” and replaces “decision-making responsibility or parental leave in relation to your children”.

(8) Section 54(d) of the Act is repealed and replaced by the following:

(d) the right to decision-making responsibility or parental leave in relation to their children; It is

(9) Subsection 56(1) of the Act is amended by deleting “custody or contact of a child” and replacing it with “decision responsibility or parental leave in relation to a child”.

(10) Subsection 58(c) of the Act is amended by deleting “custody or contact with children” and replacing “decision-making responsibility or parental leave in relation to children”.

Family Liability and Support Arrears Enforcement Act, 1996

29(1) The definition of “provisional order” in subsection 1(1) of theFamily Liability and Support Arrears Enforcement Act, 1996is deleted by the deletion of "§ 18 para. 2 of thedivorce law(You have)".

(2) Section 35(21)(b) of the Act is amended by adding “Sections 18 and 19 of thedivorce law(Canada)" and replaces "Section 18.1, 18.2 or 19 of thedivorce law(You have)".

Police Records Review Reform Act, 2015

30 paragraph 1 of paragraph 2 (2) ofPolice Records Review Reform Act, 2015is amended by deleting “an application for custody of a child” and replacing “an application for a parental order regarding decision-making responsibility in relation to a child”.

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31 (1) Subject to paragraph (2), this Annex shall come into force on the dayOntario Family Law Advancement Act, 2020receives royal approval.

(2) Articles 1 to 22 and 24 to 30 shall come into force on a date which is determined by proclamation by the deputy provincial governor.

Annex 2
law of the courts

1(1)Clause 6(1)(b).law of the courtsis repealed and replaced by the following:

(b) final decision of a judge of the Superior Court of Justice, except

(i) an order under clause 19(1)(a) or (a.1), or

(ii) an order which may be challenged in the Divisional Court under any other law;

(2) Section 6 of the Act is supplemented by the following subsection:

The second feature does not require a license

(1.0.1) Notwithstanding clause (1)(a), the permission of the Court of Appeal is not required in the case of a Divisional Court order of appeal under Part V or VIII of the Court of AppealsChildren, Youth and Family Services Act, 2017.

(3) Section 6 of the Act is supplemented by the following subsections:

Second feature license required

(1.1) Notwithstanding subsection (1)(b), a final decision of a Supreme Court Justice rendered on an initial appeal of a decision described in subsection (1.2) may be appealed to the Supreme Court only with permission of the Court of Appeals of Court of Justice, as provided for in the Rules of Procedure of the General Court.

The same thing

(1.2) The orders referred to in subsection (1.1) are orders of the Court of Justice of Ontario pursuant to any of the following statutes or statutory provisions:

1. OName Change Act.

2. OChild Rights Reform Act, except §§ 59 and 60.

3. § 6 ofmarriage law.

(4) Section 6 of the Act is supplemented by the following paragraph:

crossing

(4) This section, read immediately before day Subsection 1 (1) of Schedule 2 toOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

Section 2 (1) Section 19(1) of the Act is amended by adding the following sentence:

(a.1) final order of a family court judge made solely pursuant to a provision of an Ontario statute or regulation;

(2) Section 19 of the Act is supplemented by the following subsection:

crossing

(5) This Section, read immediately before day Subsection 2 (1) of Schedule 2 toOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

3§ 21.9.1 of the law is repealed.

Name Change Act

4 (1) The definition of “court” in Section 1 of theName Change Actis repealed and replaced by the following:

“Court” means the Court of Justice of Ontario or the Family Court; ("Court")

(2) Section 11 of the Act is repealed and replaced by the following:

appeals

Shipping complaint waiving consent

11(1) The applicant or the person whose consent is being waived may object to an order pursuant to subsection 4 subsection 4 or subsection 5 subsection 4 (waiver of consent),

(a) the Superior Court of Justice if the order is made by the Court of Justice of Ontario;

(b) the Divisional Court if the order was made in the Family Court; or

(c) the competent Court of Appeals as determined underlaw of the courts, if the application was filed with the higher court and not with the family court.

Appeal of the Registrar General's denial review

(2) An appeal against an order under subsection 7(5) (Review of Denial by the Registrar General) may be lodged by the applicant or the Registrar General with:

(a) the Superior Court of Justice if the order is made by the Court of Justice of Ontario;

(b) the Divisional Court if the order was made in the Family Court; or

(c) the competent Court of Appeals as determined underlaw of the courts, if the application was filed with the higher court and not with the family court.

Objection to change of name

(3) An appeal against an order under paragraph 10(4) (revocation of the name change) may be lodged by the applicant, the Chancellor General or the person to whom the order to change the name relates,

(a) the Superior Court of Justice if the order is made by the Court of Justice of Ontario; or

(b) the Divisional Court if the order was made in the Family Court.

crossing

(4) This section, read immediately before day Subsection 4 (2) of Schedule 2 toOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

Children, Youth and Family Assistance Act 2017

§ 5 para. 1 no. 121 para. 1 desChildren, Youth and Family Assistance Act 2017is amended by deleting “to the Superior Court of Justice” in the part before sentence (a).

(2) Section 121 of the Act is supplemented by the following subsection:

Focused

(2.1) The complaint is to be addressed to,

(a) the Superior Court of Justice if the order is made by the Court of Justice of Ontario; or

(b) Juízo Regional if the application has been made to the Family Court of the Superior Court of Justice.

(3) Section 121 (4) of the Act is amended by deleting “The Higher Court of Justice may” at the beginning and replacing “The Higher Court of Justice or the Regional Court”.

(4) Section 121 of the Act is supplemented by the following subsection:

crossing

(9) This section, read immediately before day Subsection 5 (2) of Schedule 2 toOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

(5) Section 208 (1) of the Act is repealed and replaced by the following:

Order function to change or end the opening order

(1) An appeal may be lodged against a court decision pursuant to Section 198 or 207

(a) any person having the right to require the Order to amend or revoke the Opening Order; or

(b) any person having the right to communicate the request to amend or revoke the opening order.

The same thing

(1.1) The complaint is to be addressed to,

(a) the Superior Court of Justice if the order is made by the Court of Justice of Ontario; or

(b) Juízo Regional if the application has been made to the Family Court of the Superior Court of Justice.

(6) Subsection 208(2) of the Act is amended by deleting “the Superior Court of Justice may” and replacing “the Superior Court of Justice or the Divisional Court as the case may be”.

(7) Section 208 of the Act is amended by the addition of the following subsection:

crossing

(6) This section, read immediately before day Subsection 5 (5) of Schedule 2 toOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

(8) Subsections 215(1), (2) and (3) of the Act are amended by deleting “to the Supreme Court” wherever it appears.

(9) Section 215 of the Act is amended by the addition of the following subsection:

Focused

(3.1) An objection under this section should be addressed to:

(a) the Superior Court of Justice if the order is made by the Court of Justice of Ontario; or

(b) Juízo Regional if the application has been made to the Family Court of the Superior Court of Justice.

(10) Section 215 of the Act is amended by the addition of the following subsection:

crossing

(7) This section, read immediately before day Subsection 5 (9) of Schedule 2 toOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

Child Rights Reform Act

6 § 73 ofChild Rights Reform Actis repealed and replaced by the following:

Appeal

73(1) Subject to paragraph 2,

(a) An appeal against an order of the Court of Justice of Ontario under this Part shall be vested in the Superior Court of Justice;

(b) an appeal of a family court order under this Part shall be in the Divisional Court; It is

(c) An appeal against an order of the Superior Court of Justice under this part, other than an order of a family court, shall be in the competent Court of Appeals as determined in accordance with the provisions oflaw of the courts.

Matters to be challenged in the Court of Appeal

(2) The appeal against a decision made according to § 22, 41, 42 or 43 or according to the annex to § 46 is admissible at the court of appeal.

crossing

(3) This Section, as read immediately before Section 6 of Schedule 2 for theOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

family law law

7 § 48 offamily law lawis repealed and replaced by the following:

Appeal

48(1) An appeal against an order of the Court of Justice of Ontario under this Part shall be vested in the Superior Court of Justice.

The same thing

§ 2 The appeal referred to in this section by the Family Court of the Higher Regional Court can be appealed to the Regional Court.

The same thing

(3) An appeal against an order of the Superior Court of Justice under this part, other than an order of the Family Court of the Superior Court of Justice, shall be vested in the competent Court of Appeals as determined in accordance with the provisions oflaw of the courts.

crossing

(4) This Section, as read immediately before Section 7 of Schedule 2 for theOntario Family Law Advancement Act, 2020entered into force, continues to apply

(a) any case where the Complaint was filed before that date; It is

(b) any other remedy or proceeding arising out of any event described in clause (a).

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8. This Addendum shall be effective on a date to be determined by proclamation by the Deputy Governor.

Annex 3
family law law

1 The definition of the "paternity contract" in paragraph 1 sentence 1 of thefamily law lawwill be revoked.

2The English version of Subsection 6(15) of the Act has been amended by deleting “death” in the part before clause (a) and replacing it with “state”.

3A Section 39 of the Act is amended by the addition of the following subsection:

certified copies

(7.1) The Secretary of the Treasury shall send a certified copy of a billing notice provided under subsection (7) to a superior or designated authority in Ontario at theInterjurisdictional Support Orders Act, 2002at the request of the parents or authorities.

4 Section 39.1 of the Act is amended by the addition of the following subsection:

certified copies

(8.1) The Secretary of the Treasury shall provide a certified copy of a notice of recalculation under subsection (7) to any party or designated authority in OntarioInterjurisdictional Support Orders Act, 2002at the request of the party or authority.

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5 (1) Subject to paragraph (2), this Annex is valid on the dayOntario Family Law Advancement Act, 2020receives royal approval.

(2) Sections 3 and 4 come into force on a date to be determined by the deputy governor.

Bill 207 amended by the Standing Committee (PDF)

Ontario's Relocating Family Act, 2020

This reprint of the bill is flagged to indicate the changes made in committee.

Changes are indicated byunderlinedfor a new text and a~~crossed out~~ for deleted text.

______________

EXPLANATIONS

Agenda1
Child Rights Reform Act

In addition, substantive changes to the law are made:

1. Section 24 of the Act on Determining the Child's Welfare in Parental Dispositions or Contact Dispositions is re-enacted.

Finally some references in theFamily Liability and Support Delays Enforcement Act, 1996for thedivorce law(Canada) are updated to reflect changes to this law.

Agenda2
law of the courts

Ölaw of the courtsis amended in relation to family law remedies. Corresponding changes are being made to various other laws.

Agenda3
family law law

Several cleanup changes are also made.

Invoice 207 2020

a law amending the Children's Rights Reform Act, the Judicial System Act,
the Family Law and other laws relating to various family law matters

CONTENTS

1.	content of this law
2.	Start
3.	Short title
Annex 1	Child Rights Reform Act
Annex 2	law of the courts
Annex 3	family law law