Bill 33 2008

An Act to amend the Children's Law Reform Act

Note: This Act amends the Children's Law Reform Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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:

Relations with grandparents

   (2.1)  A person who has custody of a child shall not unreasonably place obstacles to personal relations between the child and the child's grandparents.

   2.  (1)  Subsection 24 (1) of the Act is amended by striking out "(2), (3)" and substituting "(2), (2.1), (3)".

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

(a.1) the importance of maintaining emotional ties between the child and his or her grandparents;

.     .     .     .     .

(d.1) the willingness of each person applying for custody of the child to facilitate the child's contact with each parent and grandparent in accordance with subsection (2.1);

   (3)  Section 24 of the Act is amended by adding the following subsection:

Maximum contact

   (2.1)  The court shall give effect to the principle that a child should have as much contact with each parent and grandparent as is consistent with the best interests of the child.

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, 2008.

EXPLANATORY NOTE

The Bill amends the Children's Law Reform Act to emphasize the importance of children's relationships with their parents and grandparents.

Subsection 20 (2.1) of the Act requires parents and others with custody of children to refrain from unreasonably placing obstacles to personal relations between the children and their grandparents.

Subsection 24 (2) of the Act contains a list of matters that a court must consider when determining the best interests of a child. The Bill amends that subsection to include a specific reference to the importance of maintaining emotional ties between children and grandparents and the willingness of each person applying for custody to facilitate as much contact with each parent and grandparent as is consistent with the best interests of the child.

Subsection 24 (2.1) of the Act requires the court to give effect to the principle that a child should have as much contact with each parent and grandparent as is consistent with the best interests of the child.