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.
