Bill 34, Children's Law Reform Amendment Act (Relationship with Grandparents), 2016

Bill 34 2016

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.  Subsection 21 (1) of the Children's Law Reform Act is amended by adding "including a grandparent" after "any other person".

   2.  Subclause 24 (2) (a) (i) of the Act is amended by adding "including a parent or grandparent" after "each person".

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 (Recognizing Relationships with Grandparents), 2016.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 34 and does not form part of the law.  Bill 34 has been enacted as Chapter 28 of the Statutes of Ontario, 2016.

The Bill amends the Children's Law Reform Act.

Subsection 21 (1) of the Act, which sets out who may apply to a court for a child custody or access order, is amended to make express reference to grandparents.

Subclause 24 (2) (a) (i) of the Act is amended to expressly provide that, in determining a custody or access application, the court must consider the relationship between the child and each parent and grandparent.

Bill 34 2016

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.

   1.1  Subsection 21 (1) of the Act is amended by adding "including a grandparent" after "any other person".

   1.2  Subclause 24 (2) (a) (i) of the Act is amended by adding "including a parent or grandparent" after "each person".

   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), 2016.

Short title

   4.  The short title of this Act is the Children's Law Reform Amendment Act (Recognizing Relationships with Grandparents), 2016.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

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 21 (1) of the Act, which sets out who may apply to a court for a child custody or access order, is amended to make express reference to 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.

Subclause 24 (2) (a) (i) of the Act is amended to expressly provide that, in determining a custody or access application, the court must consider the relationship between the child and each parent and grandparent.

Bill 34 2016

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), 2016.

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.