By Munera Lawyers
The Children’s Law Reform Act is the applicable legislation that addresses issues relating to children whose parents are unmarried in Ontario. Significant changes have been made to the Children’s Law Reform Act which have come into effect on March 1, 2021. This article provides an overview of some of the most important updates to the Children’s Law Reform Act that are relevant to family litigants and practitioners.
Legislative Enactment
Bill 207, otherwise known as the Moving Ontario Family Law Forward Act, received Royal Assent on November 20, 2020. The Bill was designed following expansive consultations with parents, child protection advocates, family lawyers, arbitrators, and mediators. The Bill mirrors many of the the recent amendments made to the Divorce Act, which will also came into effect on March 1, 2021. For more information on the recent changes made to the Divorce Act, take a look at MUNERA’s article here.
When addressing the proposed bill in a news release on September 24, 2020, Attorney General Doug Downey said that the bill proposes common sense changes aimed to simplify Ontario’s family law system. The goal is to allow parents and guardians to spend less time on paperwork and court appearances and more time making plans to support and care for their children.
Key Changes
Appeals
The new leglislation aims to make the family law appeals process more consistent and easier to navigate by providing further guidance on procedure and timing for appeals.
Parenting Time and Decision-Making Responsibilities
Section 20 of the Act follows the language from the Divorce Act which shifts towards more child-focused terminology. Specifically, dated terms such as “custody” and “access” are now referred to as “parenting time” and “decision-making responsibility”. As well, access to a child by a non-parent will be referred to as “contact” with a child, and may be granted by a court order known as a “contact order”.
Child Support
The new legislation will allow parents and caregivers to obtain certified copies of child support notices electronically, which will allow support amounts to be more easily managed and enforced outside of the province. These updates will work in harmony with the recent expansion of online court filing services, and are expected to improve ease of access to court services.
Mobility
Some of the most difficult family law cases are referred to as mobility matters, and occur when one parent seeks to relocate with a child. The new legislation makes a distinction between short-distance changes in residence and longer-distance relocation. The Act defines “Relocation” as a change in residence that is likely to have a significant impact on the child’s relationship with other people who share decision-making responsibility, parenting time, or contact with the child.
The new legislation also introduced notice requirements for individuals with decision-making responsibility, parenting time, or contact with a child under a contact order who are looking to relocate at section 39.3 of the Act. The amendments also allow for a person who has been notified of a proposed relocation to object to the change.
When determining whether to permit a relocation, the legislation directs the consideration of the best interests of the child with reference to other factors such as the reason for the location, compliance with the notice requirements, and any existing orders or arbitral awards.
Family Violence
One of the most welcomed changes in the new Children’s Law Reform Act is the updated and expanded focus on family violence. Similar to the Divorce Act amendments, the Children’s Law Reform Act includes a broader definition of family violence which will appear directly within the best interests of the child test/analysis at section 24. The definition includes coercive and controlling behaviour, sexual, psychological, and financial abuse, and threats or actual harm to animals. Importantly, the amendments also stupilate that in order for conduct to be classified as family violence, it need not consititute a criminal offence.
These changes are expected to capture a wider lens of violence within the family, and provide greater avenues for parents and children who are victims of violence to seek court orders to protect them from further violence.
Court Forms
Finally, family law litigants and practitioners should be aware that only the new court forms which reflect the changes made to the CLRA will be accepted by Court staff. For the most up-to-date Court forms, reference sould be made to the Ontario Court Forms cite here: www.ontariocourtforms.on.ca/en/family-law-rules-forms/
NOTE: This article has been written for general information purposes only and does NOT constitute legal advice. For further questions and/or legal advice please consult a qualified lawyer.