Children's Law Reform Act

Part I Parentage

Interpretation and Application Definitions and interpretation, Part I

1 (1) In this Part, “assisted reproduction” means a method of conceiving other than by sexual intercourse; (“procréation assistée”) “birth” means birth as defined in the Vital Statistics Act and includes a still-birth as defined in that Act; (“naissance”) “birth parent” means, in relation to a child, the person who gives birth to the child; (“parent de naissance”) “court” means the Family Court or the Superior Court of Justice; (“tribunal”) “embryo” means embryo as defined in the Assisted Human Reproduction Act (Canada); (“embryon”) “insemination by a sperm donor” means an attempt to conceive a child through sexual intercourse in the circumstances described in subsection 7 (4); (“insémination par un donneur de sperme”) “reproductive material” means all or any part of a sperm, ovum or other human cell or a human gene; (“matériel reproductif”) “spouse” means the person to whom a person is …

2 (1) For the purposes of construing any Act, regulation or, subject to subsection (3), instrument, unless a contrary intention appears, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person, (a) includes a person who comes within that description by reason of the relationship of parent and child set out in this Part; and (b) in respect of a child conceived through assisted reproduction or through insemination by a sperm donor, does not include, (i) a person who provided reproductive material or an embryo for use in the conception if that person is not a parent of the child, or (ii) a person related to a person referred to in subclause (i). 2016, c. 23, s. 1 (1). Application to Acts, statutory instruments (2) Subsection (1) applies to an Act, regulation or other instrument made under an Act, regardless of when it wa…

3 This Part governs the determination of parentage for all purposes of the law of Ontario. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 3 (1) - 31/10/1996 2001, c. 9, Sched. B, s. 4 (7) - 29/06/2001 2016, c. 23, s. 1 (1) - 01/01/2017

Rules of Parentage

4 (1) A person is the child of his or her parents. 2016, c. 23, s. 1 (1). Determining parent of a child (2) A parent of a child is, (a) a person who is a parent of the child under sections 6 to 13, except in the case of an adopted child; (b) in the case of an adopted child, a parent of the child as provided for under section 217 or 218 of the Child, Youth and Family Services Act, 2017. 2016, c. 23, s. 1 (1); 2017, c. 14, Sched. 4, s. 4 (1). Kindred relationships (3) The relationship of parent and child set out in subsections (1) and (2) shall be followed in determining the kindred relationships that flow from it. 2016, c. 23, s. 1 (1). For all purposes of Ontario law (4) For greater certainty, this section applies for all purposes of the law of Ontario. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017 2017, c. 14, Sched. 4, s. 4 (1) …

5 A person who provides reproductive material or an embryo for use in the conception of a child through assisted reproduction is not, and shall not be recognized in law to be, a parent of the child unless he or she is a parent of the child under this Part. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017

6 (1) The birth parent of a child is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Exception, surrogacy (2) Subsection (1) is subject to the relinquishment of an entitlement to parentage by a surrogate under section 10, or to a declaration by a court to that effect under section 10 or 11. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017

6.1 Repealed: 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2009, c. 11, s. 4 - 1/03/2010 2016, c. 5, Sched. 33, s. 8 - no effect - see 2016, c. 23, s. 1 (1) - 01/01/2017

7 (1) The person whose sperm resulted in the conception of a child conceived through sexual intercourse is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Presumption (2) Unless the contrary is proven on a balance of probabilities, there is a presumption in respect of a child conceived through sexual intercourse that a person is, and shall be recognized in law to be, the parent referred to in subsection (1) if any of the following circumstances applies: 1. The person was the birth parent’s spouse at the time of the child’s birth. 2. The person was married to the child’s birth parent by a marriage that was terminated by death or judgment of nullity within 300 days before the child’s birth or by divorce where the judgment of divorce was granted within 300 days before the child’s birth. 3. The person was living in a conjugal relationship with the child’s…

8 (1) If the birth parent of a child conceived through assisted reproduction had a spouse at the time of the child’s conception, the spouse is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Insemination by a sperm donor (2) If the birth parent of a child conceived through insemination by a sperm donor had a spouse at the time of the child’s conception, the spouse is, and shall be recognized in law to be, a parent of the child. 2016, c. 23, s. 1 (1). Non-application, lack of consent (3) This section does not apply if, before the child’s conception, (a) the spouse did not consent to be a parent of the child; or (b) the spouse consented to be a parent of the child but withdrew the consent. 2016, c. 23, s. 1 (1). Non-application, surrogacy or posthumous conception (4) This section does not apply if the birth parent is a surrogate or if the child is conce…

9 (1) In this section, “pre-conception parentage agreement” means a written agreement between two or more parties in which they agree to be, together, the parents of a child yet to be conceived. 2016, c. 23, s. 1 (1). Application (2) This section applies with respect to a pre-conception parentage agreement only if, (a) there are no more than four parties to the agreement; (b) the intended birth parent is not a surrogate, and is a party to the agreement; (c) if the child is to be conceived through sexual intercourse but not through insemination by a sperm donor, the person whose sperm is to be used for the purpose of conception is a party to the agreement; and (d) if the child is to be conceived through assisted reproduction or through insemination by a sperm donor, the spouse, if any, of the person who intends to be the birth parent is a party to the agreement, subject to subsection (3).…

10 (1) In this section and in section 11, “intended parent” means a party to a surrogacy agreement, other than the surrogate; (“parent d’intention”) “surrogacy agreement” means a written agreement between a surrogate and one or more persons respecting a child to be carried by the surrogate, in which, (a) the surrogate agrees to not be a parent of the child, and (b) each of the other parties to the agreement agrees to be a parent of the child. (“convention de gestation pour autrui”) 2016, c. 23, s. 1 (1). Application (2) This section applies only if the following conditions are met: 1. The surrogate and one or more persons enter into a surrogacy agreement before the child to be carried by the surrogate is conceived. 2. The surrogate and the intended parent or parents each received independent legal advice before entering into the agreement. 3. Of the parties to the agreement, there are no…

11 (1) If the conditions set out in subsection 10 (2) are met other than the condition set out in paragraph 3 of that subsection, any party to the surrogacy agreement may apply to the court for a declaration of parentage respecting a child contemplated by the agreement. 2016, c. 23, s. 1 (1). Time limit (2) An application under subsection (1) may not be made, (a) until the child is born; and (b) unless the court orders otherwise, after the first anniversary of the child’s birth. 2016, c. 23, s. 1 (1). Parental rights and responsibilities (3) Unless the surrogacy agreement provides otherwise, the surrogate and the intended parents share the rights and responsibilities of a parent in respect of the child from the time of the child’s birth until the court makes a declaration of parentage respecting the child. 2016, c. 23, s. 1 (1). Declaration (4) If an application is made under subsection …

12 (1) A person who, at the time of a deceased person’s death, was his or her spouse, may apply to the court for a declaration that the deceased person is a parent of a child conceived after his or her death through assisted reproduction. 2016, c. 23, s. 1 (1). Time limit (2) An application under subsection (1) may not be made, (a) until the child is born; and (b) unless the court orders otherwise, later than 90 days after the child’s birth. 2016, c. 23, s. 1 (1). Declaration (3) The court may grant the declaration if the following conditions are met: 1. The deceased person consented in writing to be, together with the applicant, the parents of a child conceived posthumously through assisted reproduction, and did not withdraw the consent before his or her death. 2. If the child was born to a surrogate, the applicant is a parent of the child under section 10, and there is no other parent …

13 (1) At any time after a child is born, any person having an interest may apply to the court for a declaration that a person is or is not a parent of the child. 2016, c. 23, s. 1 (1). Exception, adopted child (2) Subsection (1) does not apply if the child is adopted. 2016, c. 23, s. 1 (1). Declaration (3) If the court finds on the balance of probabilities that a person is or is not a parent of a child, the court may make a declaration to that effect. 2016, c. 23, s. 1 (1). Restriction (4) Despite subsection (3), the court shall not make any of the following declarations of parentage respecting a child under that subsection unless the conditions set out in subsection (5) are met: 1. A declaration of parentage that results in the child having more than two parents. 2. A declaration of parentage that results in the child having as a parent one other person, in addition to his or her birth…

14 (1) If a declaration is made by the court under this Part and evidence becomes available that was not available at the hearing of the application, the court may, on application, set aside or vary the order and make any other orders or give any directions that the court considers necessary. 2016, c. 23, s. 1 (1). No effect on rights, property interests (2) Setting aside an order under subsection (1) does not affect rights and duties that were exercised or performed, or interests in property that were distributed, before the order was set aside. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2009, c. 33, Sched. 2, s. 12 (3, 5) - 15/12/2009 2016, c. 23, s. 1 (1) - 01/01/2017

15 (1) A declaration made under this Part shall be recognized for all purposes. 2016, c. 23, s. 1 (1). Deemed effective from birth (2) A declaration made under this Part is deemed to have been effective from the child’s birth. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 12 (5) - 15/12/2009 2016, c. 23, s. 1 (1) - 01/01/2017

Extra-Provincial Declaratory Orders

16 (1) In this section, “extra-provincial declaratory order” means an order, or part of an order, that makes a declaration of parentage similar to a declaration that may be made under section 13, if it is made by a court or tribunal outside Ontario that has jurisdiction to make such an order. 2016, c. 23, s. 1 (1). Recognition of Canadian orders (2) Subject to subsection (3), a court shall recognize an extra-provincial declaratory order made in another jurisdiction in Canada. 2016, c. 23, s. 1 (1). Exception (3) A court may decline to recognize an extra-provincial declaratory order made in another jurisdiction in Canada if, (a) evidence becomes available that was not available during the proceeding that led to the making of the extra-provincial declaratory order; or (b) the court is satisfied that the extra-provincial declaratory order was obtained by fraud or duress. 2016, c. 23, s. 1 (…

Other Matters

17 (1) Any person declared under section 10, 11 or 13 to be a parent of a child may apply to the court for an order that the child’s surname be changed to any surname that the child could have been given under subsection 10 (3) or (3.1) of the Vital Statistics Act if the child had been born at the time of the declaration. 2016, c. 23, s. 1 (1, 2). Same (2) An application under subsection (1) to change a child’s surname may be made at the same time as an application for a declaration under section 10, 11 or 13. 2016, c. 23, s. 1 (1). Best interests of the child (3) An order under subsection (1) changing a child’s surname may be made only if it is in the best interests of the child. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 12 (4) - 15/12/2009 2016, c. 23, s. 1 (1, 2) - 01/01/2017

17.1 A written acknowledgment of parentage that is admitted in evidence in any proceeding against the interest of the person making the acknowledgment is proof, in the absence of evidence to the contrary, of the fact. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017 CTS 13 DE 16 -1

17.2 (1) On the application of a party in a proceeding in which the court is called on to determine a child’s parentage, the court may give the party leave to obtain a blood test, DNA test or any other test the court considers appropriate of a person named in the order granting leave, and to submit the results in evidence. 2016, c. 23, s. 1 (1). Conditions (2) The court may impose conditions, as it thinks proper, on an order under subsection (1). 2016, c. 23, s. 1 (1). Consent to procedure (3) The Health Care Consent Act, 1996 applies to the test as if it were treatment under that Act. 2016, c. 23, s. 1 (1). Inference from refusal (4) If a person named in an order under subsection (1) refuses to submit to the test, the court may draw such inferences as it thinks appropriate. 2016, c. 23, s. 1 (1). Exception (5) Subsection (4) does not apply if the refusal is the decision of a substitute …

17.3 Section 70 applies with necessary modifications if a proceeding includes an application under this Part. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017 CTS 13 DE 16 -1

17.4 On the making of a declaratory order under this Part that a person is or is not a parent of a child, the clerk of the court shall file with the Registrar General a statement, in the form provided by the Ministry of the Attorney General, respecting the order. 2016, c. 23, s. 1 (1). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017 CTS 13 DE 16 -1 Certified copies of documents filed with the Registrar General

17.5 (1) On application and payment of the required fee under the Vital Statistics Act, any person may obtain from the Registrar General a certified copy of a statement filed under section 17.4. 2016, c. 23, s. 1 (1). Statutory declaration of parentage (2) On application and payment of the required fee under the Vital Statistics Act, any person who has an interest, provides substantially accurate particulars and satisfies the Registrar General as to the reason for requiring it may obtain from the Registrar General a certified copy of a statutory declaration filed under section 12 of this Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force. 2016, c. 23, s. 1 (1). Certified copy as evidence (3) A certified copy obtained under this section that is signed by the Registrar General or…

17.6 Nothing in this Act shall be construed as requiring the Registrar General to amend a registration showing parentage other than in recognition of a declaratory order made under this Part and in accordance with the requirements of the Vital Statistics Act. 2016, c. 23, s. 1 (1); 2025, c. 24, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 23, s. 1 (1) - 01/01/2017 CTS 13 DE 16 -1 2025, c. 24, Sched. 2, s. 1 - 11/12/2025

17.6.1 (1) Nothing in this Part shall be read as limiting any authority of the Ontario Court of Justice to make a determination of parentage if it is necessary to do so in order to make a decision in a proceeding over which the Court has jurisdiction but, for greater certainty, such a determination is not a declaration under this Part. 2025, c. 24, Sched. 2, s. 2. Blood, DNA tests (2) The Ontario Court of Justice may, on the application of a party in a proceeding over which the Court has jurisdiction and in which the Court is required to make a determination of parentage, give the party leave to obtain a blood test, DNA test or any other test the Court considers appropriate of a person named in the order granting leave and to submit the results in evidence in the proceeding. 2025, c. 24, Sched. 2, s. 2. Same (3) Subsections 17.2 (2) to (5) apply, with necessary modifications, with respec…

Part III Decision-making Responsibility, parenting Time, Contact and Guardianship

Interpretation and Purposes

18 (1) In this Part, “contact” means the time a child spends in the care of a person other than the child’s parent, whether or not the child is physically with the person during that time; (“contact”) “contact order” means an order made under section 28 respecting contact with respect to a child; (“ordonnance de contact”) “court” means the Ontario Court of Justice, the Family Court or the Superior Court of Justice; (“tribunal”) “decision-making responsibility” means responsibility for making significant decisions about a child’s well-being, including with respect to, (a) health, (b) education, (c) culture, language, religion and spirituality, and (d) significant extra-curricular activities; (“responsabilité décisionnelle”) “extra-provincial order” means an order of an extra-provincial tribunal, and includes part of an order; (“ordonnance extraprovinciale”) “extra-provincial tribunal” mea…

19 The purposes of this Part are, (a) to ensure that applications to the courts respecting decision-making responsibility, parenting time, contact and guardianship with respect to children will be determined on the basis of the best interests of the children; (b) to recognize that the concurrent exercise of jurisdiction by judicial tribunals of more than one province, territory or state in relation to the determination of decision-making responsibility with respect to the same child ought to be avoided, and to make provision so that the courts of Ontario will, unless there are exceptional circumstances, refrain from exercising or decline jurisdiction in cases where it is more appropriate for the matter to be determined by a tribunal having jurisdiction in another place with which the child has a closer connection; (c) to discourage the abduction of children as an alternative to the deter…

Decision-Making Responsibility, Parenting Time and Contact

20 (1) Except as otherwise provided in this Part, a child’s parents are equally entitled to decision-making responsibility with respect to the child. 2020, c. 25, Sched. 1, s. 2. Rights and responsibilities (2) A person entitled to decision-making responsibility with respect to a child has the rights and responsibilities of a parent in respect of the child, and must exercise those rights and responsibilities in the best interests of the child. 2020, c. 25, Sched. 1, s. 2. Authority to act (3) If more than one person is entitled to decision-making responsibility with respect to a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child. 2020, c. 25, Sched. 1, s. 2. If parents separate (4) If the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acq…

21 (1) A parent of a child may apply to a court for a parenting order respecting, (a) decision-making responsibility with respect to the child; and (b) parenting time with respect to the child. 2020, c. 25, Sched. 1, s. 2. Parenting order, application by non-parent (2) Any person other than the parent of a child, including a grandparent, may apply to a court for a parenting order respecting decision-making responsibility with respect to the child. 2020, c. 25, Sched. 1, s. 2. Contact order (3) Any person other than the parent of a child, including a grandparent, may apply to a court for a contact order with respect to the child. 2020, c. 25, Sched. 1, s. 2. Affidavit (4) An application under subsection (1) or (2) for a parenting order or subsection (3) for a contact order shall be accompanied by an affidavit, in the form specified for the purpose by the rules of court, of the person appl…

21.1 (1) Every person who applies under section 21 for a parenting order respecting decision-making responsibility with respect to the child and who is not a parent of the child shall file with the court the results of a recent police records check respecting the person in accordance with the rules of court. 2009, c. 11, s. 7; 2016, c. 23, s. 4; 2020, c. 25, Sched. 1, s. 3 (1). Admissibility (2) The results obtained by the court under subsection (1) and any information, statement or document derived from the information contained in the results are admissible in evidence in the application, if the court considers it to be relevant. 2009, c. 11, s. 7. Use of evidence (3) Subject to subsection 24 (5), evidence that is determined by the court to be admissible under subsection (2) shall be considered in determining the best interests of the child under section 24. 2009, c. 11, s. 7; 2020, c.…

21.2 (1) In this section, “society” means an agency designated as a children’s aid society under the Child, Youth and Family Services Act, 2017. 2017, c. 14, Sched. 4, s. 4 (3). Request for report (2) Every person who applies under section 21 for a parenting order respecting decision-making responsibility with respect to a child and who is not a parent of the child shall submit a request, in the form provided by the Ministry of the Attorney General, to every society or other body or person prescribed by the regulations, for a report as to, (a) whether a society has records relating to the applicant; and (b) if there are records and the records indicate that one or more files relating to the applicant have been opened, the date on which each file was opened and, if the file was closed, the date on which the file was closed. 2020, c. 25, Sched. 1, s. 4 (1). Request to be filed (3) A copy o…

21.3 (1) If an application for a parenting order respecting decision-making responsibility with respect to a child is made by a person who is not a parent of the child, the clerk of the court shall provide to the court and to the parties information in writing respecting any current or previous family proceedings involving the child or any person who is a party to the application and who is not a parent of the child. 2020, c. 25, Sched. 1, s. 5 (1). Same (2) If an application for a parenting order respecting decision-making responsibility with respect to a child is made by a person who is not a parent of the child, the court may require the clerk of the court to provide to the court and to the parties information in writing respecting any current or previous criminal proceedings involving any person who is a party to the application and who is not a parent of the child. 2020, c. 25, Sche…

22 (1) A court shall only exercise its jurisdiction to make a parenting order or contact order with respect to a child if, (a) the child is habitually resident in Ontario at the commencement of the application for the order; or (b) the child is not habitually resident in Ontario, but the court is satisfied that, (i) the child is physically present in Ontario at the commencement of the application for the order, (ii) substantial evidence concerning the best interests of the child is available in Ontario, (iii) no application respecting decision-making responsibility, parenting time or contact with respect to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident, (iv) no extra-provincial order respecting decision-making responsibility, parenting time or contact with respect to the child has been recognized by a court in Ontario, (v…

23 Despite sections 22 and 41, a court may exercise its jurisdiction to make or vary a parenting order or contact order with respect to a child if, (a) the child is physically present in Ontario; and (b) the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if, (i) the child remains with a person legally entitled to decision-making responsibility with respect to the child, (ii) the child is returned to a person legally entitled to decision-making responsibility with respect to the child, or (iii) the child is removed from Ontario. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 6 - 01/03/2021

24 (1) In making a parenting order or contact order with respect to a child, the court shall only take into account the best interests of the child in accordance with this section. 2020, c. 25, Sched. 1, s. 6. Primary consideration (2) In determining the best interests of a child, the court shall consider all factors related to the circumstances of the child, and, in doing so, shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being. 2020, c. 25, Sched. 1, s. 6. Factors (3) Factors related to the circumstances of a child include, (a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability; (b) the nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life; (c…

25 A court having jurisdiction under this Part in relation to decision-making responsibility, parenting time or contact with respect to a child may decline to exercise its jurisdiction if it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 6 - 01/03/2021

26 (1) If an application under this Part in relation to decision-making responsibility, parenting time or contact with respect to a child has not been heard within six months after the commencement of the proceedings, the clerk of the court shall list the application for the court and give notice to the parties of the date and time when and the place where the court will fix a date for the hearing of the application. 2020, c. 25, Sched. 1, s. 6. Exception (2) Subsection (1) does not apply to an application under this Part in relation to decision-making responsibility, parenting time or contact with respect to a child if the child is the subject of an application or order under Part V of the Child, Youth and Family Services Act, 2017, unless the application under this Part relates to, (a) an order in respect of the child that was made under subsection 102 (1) of the Child, Youth and Famil…

27 If an action for divorce is commenced under the Divorce Act (Canada), any application under this Part in relation to decision-making responsibility, parenting time or contact with respect to a child that has not been determined is stayed except by leave of the court. 2020, c. 25, Sched. 1, s. 6. Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 6 - 01/03/2021

Parenting Orders and Contact Orders

28 (1) The court to which an application is made under section 21, (a) may by order grant, (i) decision-making responsibility with respect to a child to one or more persons, in the case of an application under clause 21 (1) (a) or subsection 21 (2), (ii) parenting time with respect to a child to one or more parents of the child, in the case of an application under clause 21 (1) (b), or (iii) contact with respect to a child to one or more persons other than a parent of the child, in the case of an application under subsection 21 (3); (b) may by order determine any aspect of the incidents of the right to decision-making responsibility, parenting time or contact, as the case may be, with respect to a child; and (c) may make any additional order the court considers necessary and proper in the circumstances, including an order, (i) limiting the duration, frequency, manner or location of conta…

29 (1) A court shall not make an order under this Part that varies a parenting order or contact order unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child who is the subject of the order. 2020, c. 25, Sched. 1, s. 6. Relocation (2) For the purposes of subsection (1), the relocation of a child in accordance with section 39.4 constitutes a material change in circumstances unless the relocation had been prohibited by a court, in which case the relocation does not, in itself, constitute a material change in circumstances. 2020, c. 25, Sched. 1, s. 6. Corresponding variation of parenting order (3) If the court varies a contact order, it may also vary the parenting order to take into account the variation of the contact order. 2020, c. 25, Sched. 1, s. 6. Corresponding variation of contact order (4) If the court varies a p…

Decision-Making Responsibility, Parenting Time and Contact — Assistance to Court

30 (1) The court before which an application is brought for a parenting order or contact order with respect to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child. R.S.O. 1990, c. C.12, s. 30 (1); 2020, c. 25, Sched. 1, s. 8 (1). When order may be made (2) An order may be made under subsection (1) on or before the hearing of the application and with or without a request by a party to the application. R.S.O. 1990, c. C.12, s. 30 (2); 2020, c. 25, Sched. 1, s. 8 (2). Agreement by parties (3) The court shall, if possible, appoint a person agreed upon by the parties, but if the parties do not agree the court shall choose and appoint the person. R.S.O. 1990, c. C.12, s. 30 (3). Consent to act (4) The court shall…

31 (1) Upon an application for a parenting order or contact order, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order. R.S.O. 1990, c. C.12, s. 31 (1); 2020, c. 25, Sched. 1, s. 9. Consent to act (2) The court shall not appoint a person under subsection (1) unless the person, (a) has consented to act as mediator; and (b) has agreed to file a report with the court within the period of time specified by the court. R.S.O. 1990, c. C.12, s. 31 (2). Duty of mediator (3) It is the duty of a mediator to confer with the parties and endeavour to obtain an agreement in respect of the matter. R.S.O. 1990, c. C.12, s. 31 (3). Form of report (4) Before entering into mediation on the matter, the parties shall decide whether, (a) the mediator is to file a full report on the mediation, including anything that the m…

32 (1) Where a court is of the opinion that it is necessary to receive further evidence from a place outside Ontario before making a decision, the court may send to the Attorney General, Minister of Justice or similar officer of the place outside Ontario such supporting material as may be necessary together with a request, (a) that the Attorney General, Minister of Justice or similar officer take such action as may be necessary in order to require a named person to attend before the proper tribunal in that place and produce or give evidence in respect of the subject-matter of the application; and (b) that the Attorney General, Minister of Justice or similar officer or the tribunal send to the court a certified copy of the evidence produced or given before the tribunal. R.S.O. 1990, c. C.12, s. 32 (1). Cost of obtaining evidence (2) A court that acts under subsection (1) may assess the co…

33 (1) Where the Attorney General receives from an extra-provincial tribunal a request similar to that referred to in section 32 and such supporting material as may be necessary, it is the duty of the Attorney General to refer the request and the material to the proper court. R.S.O. 1990, c. C.12, s. 33 (1). Obtaining evidence (2) A court to which a request is referred by the Attorney General under subsection (1) shall require the person named in the request to attend before the court and produce or give evidence in accordance with the request. R.S.O. 1990, c. C.12, s. 33 (2).

Decision-Making Responsibility, Parenting Time and Contact — Duties Parties

33.1 (1) A person to whom decision-making responsibility, parenting time or contact has been granted with respect to a child under a parenting order or contact order shall exercise the decision-making responsibility, parenting time or contact in a manner that is consistent with the best interests of the child within the meaning of section 24. 2020, c. 25, Sched. 1, s. 10. Protection of children from conflict (2) A party to a proceeding under this Part shall, to the best of the party’s ability, protect any child from conflict arising from the proceeding. 2020, c. 25, Sched. 1, s. 10. Alternative dispute resolution process (3) To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Part through an alternative dispute resolution process, such as negotiation, mediation or collaborative law. 202…

33.2 (1) In this section, “family justice services” means public or private services intended to help persons deal with issues arising from separation or divorce; (“services de justice familiale”) “legal adviser” means a person authorized under the Law Society Act to practise law or provide legal services to another person in a proceeding under this Part. (“conseiller juridique”) 2020, c. 25, Sched. 1, s. 10. Duty to discuss and inform (2) It is the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Part, (a) to encourage the person to attempt to resolve the matters that may be the subject of an order under this Part through an alternative dispute resolution process, as provided for under subsection 33.1 (3), unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; (b) to inform the perso…

33.3 (1) The purpose of this section is to facilitate, (a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with a parenting order or contact order; and (b) the co-ordination of proceedings. 2020, c. 25, Sched. 1, s. 10. Information regarding other orders or proceedings (2) The court has a duty to consider if any of the following are pending or in effect in relation to any party to a proceeding under this Part, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so: 1. A restraining order under section 35, the Family Law Act or the Child, Youth and Family Services Act, 2017, or any other civil order made to protect a person’s safety, including an order that prohibits a person from, i. being in physical proximity to a specified person or following a specified person from place to place,…

Decision-Making Responsibility, Parenting Time and Contact — Enforcement

34 (1) A court may give such directions as it considers appropriate for the supervision, by a person, a children’s aid society or other body, of decision-making responsibility, parenting time or contact with respect to a child under a parenting order or contact order. 2020, c. 25, Sched. 1, s. 11. Consent to act (2) A court shall not direct a person, a children’s aid society or other body to supervise the exercise of decision-making responsibility, parenting time or contact under subsection (1) unless the person, society or body has consented to act as supervisor. 2020, c. 25, Sched. 1, s. 11. Section amendments with date in force (d/m/y) 1990, c. C.12, s. 83 - see: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2001, c. 9, Sched. B, s. 4 (8, 9) - 29/06/2001 2020, c. 25, Sched. 1, s. 11 - 01/03/2021

35 (1) On application, the court may make an interim or final restraining order against any person if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody. 2009, c. 11, s. 15. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 35 (1) of the Act is repealed and the following substituted: (See: 2025, c. 6, Sched. 2, s. 1 (1)) Restraining order (1) The court may make an interim or final restraining order against any person, on the application of, (a) a person who has reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody; (b) a person prescribed by the regulations, on behalf of and with the consent of a person referred to in clause (a); or (c) any person, on behalf of a person referred to in clause (a), with leave of the court, subj…

36 (1) Where a court is satisfied upon application by a person in whose favour a parenting order or contact order has been made with respect to a child that there are reasonable and probable grounds for believing that any person is unlawfully withholding the child from the applicant, the court by order may authorize the applicant or someone on his or her behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to decision-making responsibility, parenting time or contact, as the case may be. R.S.O. 1990, c. C.12, s. 36 (1); 2020, c. 25, Sched. 1, s. 12 (1). Order to locate and take child (2) Where a court is satisfied upon application that there are reasonable and probable grounds for believing, (a) that any person is unlawfully withholding a child from a person entitled to decision-making responsibility, parenting time or contact with respect to the c…

37 (1) Where a court, upon application, is satisfied upon reasonable and probable grounds that a person prohibited by court order or separation agreement from removing a child from Ontario proposes to remove the child from Ontario, the court in order to prevent the removal of the child from Ontario may make an order under subsection (3). R.S.O. 1990, c. C.12, s. 37 (1). To ensure return of child (2) Where a court, upon application, is satisfied upon reasonable and probable grounds that a person entitled to parenting time or contact with respect to a child proposes to remove the child from Ontario and is not likely to return the child to Ontario, the court in order to secure the prompt, safe return of the child to Ontario may make an order under subsection (3). R.S.O. 1990, c. C.12, s. 37 (2); 2020, c. 25, Sched. 1, s. 13. Order by court (3) An order mentioned in subsection (1) or (2) may…

38 (1) In addition to its powers in respect of contempt, the Ontario Court of Justice may punish by fine or imprisonment, or both, any wilful contempt of or resistance to its process or orders under this Act, other than orders under section 35, but the fine shall not in any case exceed $5,000 nor shall the imprisonment exceed ninety days. R.S.O. 1990, c. C.12, s. 38 (1); 2001, c. 9, Sched. B, s. 4 (8); 2014, c. 7, Sched. 4, s. 2 (1). Conditions of imprisonment (2) An order for imprisonment under subsection (1) may be made conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently. R.S.O. 1990, c. C.12, s. 38 (2). Transition (3) This section, as it read on October 14, 2009, continues to apply to orders referred to in clause 35 (3) (b). 2014, c. 7, Sched. 4, s. 2 (2). Section amendments with date in force…

39 (1) Where, upon application to a court, it appears to the court that, (a) for the purpose of bringing an application in respect of decision-making responsibility, parenting time or contact under this Part; or (b) for the purpose of enforcing a parenting order or contact order, the proposed applicant or person in whose favour the order is made has need to learn or confirm the whereabouts of the proposed respondent or person against whom the order referred to in clause (b) is made, the court may order any person or public body to provide the court with such particulars of the address of the proposed respondent or person against whom the order referred to in clause (b) is made as are contained in the records in the custody of the person or body, and the person or body shall give the court such particulars as are contained in the records and the court may then give the particulars to such…

Decision-Making Responsibility, Parenting Time and Contact — Residence and Relocation

39.1 (1) A person who has decision-making responsibility or parenting time with respect to a child and who intends to make a change in residence, or in the child’s residence, shall notify any other person who has decision-making responsibility, parenting time or contact under a contact order with respect to the child of the intention. 2020, c. 25, Sched. 1, s. 15; CTS 12 AU 22 -1. Notice requirements (2) The notice shall be in writing and shall set out, (a) the date on which the change is expected to occur; and (b) the address of the new residence and contact information of the person or child, as the case may be. 2020, c. 25, Sched. 1, s. 15. Exception (3) On application, the court may in any circumstance provide that subsections (1) and (2) do not apply, or apply with any changes the court specifies, if the court is of the opinion that it is appropriate to do so, including if there is …