Bill 142, Children's Law Reform Amendment Act (Relationship with Grandparents), 2015

Bill 142 2015

An Act to amend the Children's Law Reform Act with respect to the relationship between a child and the child's grandparents

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 20 of the Children's Law Reform Act is amended by adding the following subsection:

Relationship with grandparents

   (2.1)  A person entitled to custody of a child shall not create or maintain unreasonable barriers to the formation and continuation of a personal relationship between the child and the child's grandparents.

   2.  (1)  Clause 24 (2) (a) of the Act is amended by striking out "and" at the end of subclause (ii), by adding "and" at the end of subclause (iii) and by adding the following subclause:

         (iv)  the child's grandparents;

   (2)  Subsection 24 (2) of the Act is amended by adding the following clause:

(d.1) the willingness of each person applying for custody of the child to facilitate contact between the child and the child's grandparents, if such contact would be appropriate in the circumstances;

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Children's Law Reform Amendment Act (Relationship with Grandparents), 2015.

EXPLANATORY NOTE

The Bill amends the Children's Law Reform Act.

Subsection 20 (2.1) is added to the Act.  That subsection prohibits a person entitled to custody of a child from creating or maintaining unreasonable barriers to the formation and continuation of personal relationships between the child and the child's grandparents.

Subsection 24 (2) of the Act is amended.  That subsection sets out the needs and circumstances of a child that the court must consider in determining the best interests of the child.  The Bill adds to that list the emotional ties between the child and the child's grandparents and the willingness of each person applying for custody of the child to facilitate contact with the child's grandparents, if such contact would be appropriate in the circumstances.