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First
Session, 51st General Assembly 3 Charles III, 2026 |
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AN ACT TO AMEND THE
CHILDREN'S LAW ACT AND THE FAMILY LAW ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE HELEN CONWAY OTTENHEIMER Minister of Justice and Public Safety and Attorney General |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Children's Law Act to · update terminology and references used in the Act; · remove the concepts of custody and access and introduce new concepts of decision-making responsibility, parenting time and contact; · no longer prohibit an application under the Act for a parenting order or contact order in respect of a child who is the subject of an order for continuous custody under the Children, Youth and Families Act; · require that only the best interests of a child be considered by a court in making an order under the Act; · expand the criteria to be considered by a court in determining what is in the best interests of a child; · define family violence and clarify how courts take it into consideration in making orders under the Act; · set out terms that may be included in a parenting order or contact order; · set out duties of parties, legal advisers and courts in relation to proceedings under the Act; · encourage the use of family dispute resolution processes by parties to a proceeding, where appropriate, to resolve matters relating to decision-making responsibility, parenting time and contact in respect of a child; · establish processes which must be followed where a parent or other person with decision-making responsibility, parenting time or contact in respect of a child intends to change residence or relocate; and · incorporate gender-neutral language. This Bill would amend the Family Law Act to · update terminology and references used in the Act; · remove the concepts of custody and access and introduce new concepts of decision-making responsibility, parenting time and contact; · set out duties of parties, legal advisers and courts in relation to proceedings under the Act; and · incorporate gender-neutral language. A BILL AN ACT TO AMEND THE CHILDREN'S LAW ACT AND THE FAMILY LAW ACT Analysis CHILDREN'S LAW ACT 1.
S.2 Amdt. 2.
S.3 Amdt. 3.
S.8 Amdt. 4.
Part III Heading Amdt. 5.
Ss.24 to 33 R&S 25. Purposes of Part 26. Entitlement to decision-making responsibility and parenting time 27. Application to court 28. Jurisdiction 29. Serious harm to child 30. Declining jurisdiction 31. Best interests of the child 32. Effect of divorce proceedings 33. Powers of court 6.
Ss.33.1 to 33.3 Added 7.
S.34 Amdt. 8.
S.35 Amdt. 9.
S.36 Amdt. 10.
S.37 Amdt. 11.
S.38 Amdt. 12.
Ss.39.1 to 39.3 Added 13.
S.40 Amdt. 14.
S.41 R&S 15.
S.42 Amdt. 16.
S.43 Amdt. 17.
S.44 R&S 18.
S.45 Amdt. 19.
S.46 Amdt. 20.
S.47 Amdt. 21.
Ss.47.1 to 47.4 Added 47.2 Authorization of relocation 47.3 Change in residence –decision-making responsibility and parenting time 47.4 Change in residence – contact 22.
S.48 Amdt. 23.
S.49 R&S 24.
S.50 Amdt. 25.
S.51 R&S 26.
S.55 Amdt. 27.
S.57 Amdt. 28.
S.59 Amdt. 29.
S.60 R&S 30.
S.65 Amdt. 31.
S.67 Amdt. 32.
S.68 Amdt. 33.
S.69 Amdt. 34.
S.72 Rep. 35.
S.74 R&S 36.
S.75 Amdt. 37.
S.78 R&S 38.
S.81 Amdt. 39.
S.83 Amdt. 40. S.84 Added Transitional FAMILY LAW ACT 41.
S.2 Amdt. 42.
S.3 Amdt. 43.
S.4 Amdt. 44.
S.6 Amdt. 45.
S.7 Amdt. 46.
S.8 Amdt. 47.
S.9 Amdt. 48.
S.12 Amdt. 49.
S.15 Amdt. 50.
S.18 Amdt. 51.
S.21 Amdt. 52.
S.26 Amdt. 53.
S.27 Amdt. 54.
S.34 Amdt. 55.
S.35 R&S 56.
S.36 R&S 57.
S.37 Amdt. 58.
S.37.1 Amdt. 59.
S.38 Amdt. 60.
S.39 Amdt. 61.
S.40 Amdt. 62.
S.42 Amdt. 63.
S.43 Amdt. 64.
S.44 R&S 65.
S.47 Amdt. 66.
S.52 Amdt. 67.
S.57 Amdt. 68.
S.59 Amdt. 69.
S.60 Amdt. 70.
S.62 Amdt. 71.
S.63 Amdt. 72.
S.64 Amdt. 73.
S.65 Amdt. 74.
S.66 Amdt. 75.
S.67 Amdt. 76.
S.68 Amdt. 77.
S.69 Amdt. 78.
Part IV.1 Added 79.
S.72 Amdt. 80.
S.73 Amdt. 81.
S.75 Amdt. 82.
S.76 Amdt. 83.
S.81 Amdt. 84.
S.82 R&S 85.
S.86 Amdt. 86. Commencement
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: CHILDREN'S LAW ACT RSNL1990 cC-13 1. (1) Subsection 2(1) of the Children's Law Act is repealed and the following substituted: (a) "court" means, except in Part IV and unless the context indicates otherwise, the Supreme Court or the Provincial Court; (b) "Provincial Court" means the Provincial Court of Newfoundland and Labrador; and (c) "registrar" means the Registrar General of Vital Statistics. (2) Subsection 2(2) of the Act is amended by deleting the words "Trial Division - Family Division" and substituting the words "Supreme Court - Family Division". 2. (1) Subsection 3(1) of the Act is repealed and the following substituted: Child of natural parents 3. (1) A person is the child of the person's natural parents and the person's status as a child of the person's natural parents is independent of whether the person is born inside or outside of marriage. (2) Subsection 3(2) of the Act is amended by deleting the reference "Adoption of Children Act" and substituting the reference "Adoption Act, 2013". 3. (1) Paragraph 8(2)(b) of the Act is amended by deleting the words "the person having" and substituting the words "a person having". (2) Paragraph 8(2)(c) of the Act is amended by deleting the words "the person having his or her charge" and substituting the words "a person having the charge of the person". (3) Subsection 8(2.1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 4. The Act is amended by repealing the heading "PART III CUSTODY AND ACCESS" and substituting the following: PART III 5. Sections 24 to 33 of the Act are repealed and the following substituted: Interpretation 24. (1) In this Part (a) "contact" means the time a child
spends with a person, other than a person referred to in subsection 27(1), in
the form of visits or by any means of communication; (b) "contact order" means an order made under subparagraph 33(1)(a)(ii); (c) "decision-making responsibility" means responsibility for making significant decisions about a child's well-being, including decisions with respect to (i) health, (ii) education, (iii) culture, language, religion and spirituality, and (iv) significant extra-curricular activities; (d) "extra-provincial order" means an order, or that part of an order, of an extra-provincial tribunal respecting the exercise of decision-making responsibility, parenting time or contact in respect of a child; (e) "extra-provincial tribunal" means a
court or tribunal outside the province that has jurisdiction to make orders
respecting the exercise of decision-making responsibility, parenting time or
contact in respect of a child; (f) "family dispute resolution process" means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute and includes negotiation, mediation and collaborative law; (g) "family justice services" means public or private services intended to help persons deal with issues arising from separation or divorce; (h) "family member" includes (i) a member of a household of a child or of a parent, and (ii) a dating partner of a parent who participates in the activities of the household; (i) "family violence" means conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member that is violent or threatening, that constitutes a pattern of coercive and controlling behaviour or that causes the other family member to fear for their own safety or for that of another person and, in the case of a child, includes direct or indirect exposure to such conduct and includes (i) physical abuse, including forced
confinement but excluding the use of reasonable force to protect themselves or
another person, (ii) sexual abuse, (iii) threats to kill or cause bodily harm to a person, (iv) harassment, including stalking, (v) the failure to provide the necessaries of life, (vi) psychological abuse, (vii) financial abuse, (viii) threats to kill or harm an animal or damage property, and (ix) the killing or harming of an animal or the damaging of property; (j) "legal adviser" means a person authorized under the Law Society Act, 1999 to practise law or provide legal services to another person in a proceeding under this Part; (k) "parenting order" means an order made
under subparagraph 33(1)(a)(i) respecting the
exercise of decision-making
responsibility, parenting time or both, in respect of a child; (l) "parenting plan" means a document or part of a document that contains the elements relating to the exercise of decision-making responsibility, parenting time or contact to which the parties agree; (m) "parenting time" means the time a child spends in the care of a person referred to in subsection 27(1), whether or not the child is physically with the person during that time; (n) "relocation" means a change in the place of residence of a child
or of a person who has decision-making responsibility, parenting time or both, in
respect of the child or who is an applicant for a parenting order in respect of
the child, that is likely to have a significant impact on the child’s
relationship with (i) another person who has decision-making responsibility, parenting time or both, in respect of the child or who is an applicant for a parenting order in respect of the child, or (ii) a person who has contact in respect of the child under a contact order; and (o) "separation agreement" means an agreement that is a valid separation agreement under Part IV of the Family Law Act. (2) A reference in this Part and Part IV to a child is a reference to the child while a minor. (3) The coming into force of any provision of this
Act on the date this subsection comes into force does not in itself constitute a material change in
circumstances under this Part. (4) Unless the context otherwise requires, a reference in an Act or regulation
to custody of a child is considered to be a reference
to both decision-making responsibility and parenting time with respect to the
child under this Act. (5) Unless the context otherwise requires, a reference in an Act or regulation
to access to a child is considered to be a reference
to parenting time or contact, as the case may be, with
respect to the child under this Act. Purposes of Part 25. The purposes of this Part are to (a) ensure that courts take into consideration only the best interests of the child in making parenting orders or contact orders; (b) recognize that the concurrent exercise of jurisdiction by judicial tribunals of more than one province, territory or state in respect of parenting orders or contact orders respecting the same child ought to be avoided and to make provision so that the courts of the province 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) discourage the abduction of children as an alternative to the determination of decision-making responsibility, parenting time or both, by the judicial process; and (d) provide for the more effective enforcement of parenting orders and contact orders and for the recognition and enforcement of extra-provincial orders. Entitlement to decision-making responsibility and parenting time 26. (1) Except as otherwise provided in this Part, the parents of a child are equally entitled to decision-making responsibility and parenting time that is consistent with the best interests of the child. (2) Where a parenting order has not been made and more than one person is entitled to decision-making responsibility in respect of a child, one of them may exercise decision-making responsibility on behalf of both in respect of the child. (3) Where the parents of a child live separate and apart and the child is primarily residing with one of them and the other is entitled to parenting time under the terms of a separation agreement or parenting order, each parent shall, in the best interests of the child, support the development and maintenance of the child's relationship with the other parent. (4) Unless a court orders otherwise, an entitlement
to parenting time includes the exclusive authority to make day-to-day decisions
affecting the child during that parenting time. (5) Unless a court orders otherwise, an entitlement to decision-making responsibility or parenting time in respect of a child includes the right to request and, subject to applicable laws, receive information about the child's well-being, including in relation to the child's health and education, from (a) another person who has decision-making responsibility or parenting time in respect of the child under a parenting order; or (b) another person who is likely to have the information. (6) An entitlement to decision-making
responsibility or parenting time in respect of a child terminates on the
marriage of the child. (7) An entitlement to decision-making responsibility or parenting time is subject to the termination of the rights of a natural parent by order under the Adoption Act, 2013. Application to court 27. (1) A parent of a child or a person who stands in the place of a parent, or intends to stand in the place of a parent, may apply to a court for a parenting order providing for the exercise of one or both of the following: (a) decision-making responsibility in respect of the child; and (b) parenting time in respect of the child. (2) A person referred to in paragraph 69(4)(b), (b.1) or (c) who does not intend to stand in the place of a parent of a child may apply to a court for a contact order in respect of the child. (3) A person referred to in subsection (1) may apply for an interim parenting order in respect of the child pending the determination of an application made under subsection (1). (4) A person referred to in subsection (2) may
apply for an interim contact order in respect of the child pending the
determination of an application made under subsection (2). Jurisdiction 28. (1) A court shall only exercise its jurisdiction to make a parenting order or contact order in respect of a child where (a) the child is habitually resident in the province at the start of the application for the order; or (b) although the child is not habitually resident in the province, the court is satisfied that (i) the child is physically present in the province at the start of the application for the order, (ii) substantial evidence concerning the best interests of the child is available in the province, (iii) an application respecting the exercise of decision-making responsibility, parenting time or contact in respect of the child is not pending before an extra-provincial tribunal in another place where the child is habitually resident, (iv) an extra-provincial order including the exercise of decision-making responsibility, parenting time or contact in respect of the child has not been recognized by a court in the province, (v) the child has a real and substantial connection with the province, and (vi) on the balance of convenience, it is appropriate for jurisdiction to be exercised in the province. (2) A child is habitually resident in the place where the child lived (a) with both parents; (b) with one parent under a separation agreement or with the express or implied consent of the other or under a court order, where the parents are living separate and apart; or (c) with a person other than a parent on a permanent basis for a significant period of time, whichever last occurred. (3) The removal or withholding of a child without
the consent of all persons having decision-making responsibility, parenting
time or both, in respect of the child, does not alter the habitual residence of
the child unless there has been acquiescence or undue delay in starting
judicial proceedings by the person from whom the child is removed or withheld. Serious harm to child 29. Notwithstanding sections 28 and 49, a court may exercise its jurisdiction to make, vary or rescind a parenting order in respect of a child where (a) the child is physically present in the province; and (b) the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if (i) the child remains with the person legally entitled to decision-making responsibility, parenting time or both, in respect of the child, (ii) the child is returned to the person legally entitled to decision-making responsibility, parenting time or both, in respect of the child, or (iii) the child is removed from the province. Declining jurisdiction 30. A court having jurisdiction under this Part in relation to decision-making responsibility, parenting time and contact in respect of a child may decline to exercise its jurisdiction where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside the province. Best interests of the child 31. (1) The court shall only take into
consideration the best interests of the child in making a parenting order or
contact order. (2) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child and when doing so shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being. (3) Factors related to the circumstances of the 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) each parent’s willingness to support the development and maintenance
of the child’s relationship with the other parent; (d) the history of care of the child; (e) the child’s views and preferences, giving due weight to the child’s
age and maturity, unless they cannot be ascertained; (f) the child’s cultural, linguistic, religious and spiritual upbringing
and heritage, including Indigenous upbringing and heritage; (g) the plans for the child’s care; (h) the ability and willingness of each person in respect of whom the
order would apply to care for and meet the needs of the child; (i) the ability and willingness of
each person in respect of whom the order would apply to communicate and
cooperate, in particular with one another, on matters
affecting the child; (j) any family violence and its impact on, among other things, (i) the ability and willingness of
any person who engaged in the family violence to care for and meet the needs of
the child, and (ii) the appropriateness of making an order that would require persons in
respect of whom the order would apply to cooperate on issues affecting the
child; and (k) any civil or criminal proceeding, order, condition, or measure that is
relevant to the safety, security and well-being of the child. (4) In considering the impact of family violence
under paragraph (3)(j), the court shall take into account (a) the nature, seriousness and frequency of the family violence and when
it occurred; (b) whether there is a pattern of coercive and controlling behaviour in
relation to a family member; (c) whether the family violence is directed toward the child or whether
the child is directly or indirectly exposed to the family violence; (d) the physical, emotional and psychological harm or risk of harm to the child; (e) any compromise to the safety of the child or other family member; (f) whether the family violence causes the child or other family member to
fear for their own safety or for that of another person;
(g) any steps taken by the person engaging in the family violence to
prevent further family violence from occurring and improve the person's ability
to care for and meet the needs of the child; and (h) any other relevant factor. (5) In determining what is in the best interests of the child, the court
shall not take into consideration the past conduct of a person unless the
conduct is relevant to the exercise of the person's decision-making
responsibility, parenting time or contact under a contact order in respect of the
child. (6) In allocating parenting time, the court shall give effect to the
principle that a child should have as much time with each parent as is
consistent with the best interests of the child. Effect of divorce proceedings 32. (1) Where a divorce proceeding is started under the Divorce Act (Canada), an application under this Part that has not been determined is stayed except by leave of the court. (2) Where a marriage is terminated by a judgment of divorce or nullity and the question of decision-making responsibility, parenting time or contact in respect of a child is not adjudicated in the divorce or nullity proceedings, a parenting order or contact order made under this Act continues in force according to its terms. Powers of court 33. (1) The court to which an application is made under section 27 may, by order, (a) grant (i) decision-making responsibility, parenting time or both, in respect of a child to one or more persons in the case of an application under subsection 27(1), and (ii) contact in respect of a child to one or more persons in the case of an application under subsection 27(2); and (b) provide for any other matter that the court considers appropriate. (2) The court may make a parenting order or contact order for a definite or indefinite period or until a specified event occurs and may impose terms, conditions and restrictions that it considers appropriate. (3) In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, including during parenting time of another person. (4) Where a parenting order in respect of a child has already been made, the court may make an order varying the parenting order to take into account a contact order made under this section. 6. The Act is amended by adding immediately after section 33 the following: Parenting orders 33.1 In a parenting order, the court may do one or more of the following: (a) allocate parenting time in respect of a child by way of a schedule; (b) allocate decision-making responsibility in respect of a child or any aspect of decision-making responsibility to one or more persons referred to in subsection 27(1); (c) include requirements with respect to any means of communication that are to occur during the parenting time allocated to a parent, between a child and another person to whom decision-making responsibility, parenting time or both, is allocated; (d) authorize or prohibit the relocation of the child; (e) require that parenting time or the transfer of the child from one person to another be supervised; (f) prohibit the removal of the child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal; and (g) provide for any other matter that the court considers appropriate. Contact orders 33.2 In a contact order, the court may do one or more of the following: (a) provide for contact between the applicant and the child in the form of visits or by any means of communication; (b) require that contact or the transfer of the child from one person to another be supervised; (c) prohibit the removal of the child from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal; and (d) provide for any other matter that the court considers appropriate. Parenting plans 33.3 (1) The court shall include in a parenting order or a contact order, as the case may be, a parenting plan submitted by the parties unless the court is of the opinion that the parenting plan submitted by the parties is not in the best interests of the child. (2) Where the court is of the opinion that a parenting plan submitted by the parties is not in the best interests of the child, the court may modify the parenting plan and include the modified parenting plan in the order. 7. (1) Subsection 34(1) of the Act is repealed and the following substituted: Variation of order for parenting time or contact 34. (1) Where a parenting order or contact order provides for parenting time or contact without specifying times or days, a party to the order may apply to a court to vary the order by specifying times or days. (2) Subsection 34(4) of the Act is repealed and the following substituted: (4) Subsection (1) does not apply to an order made under the Divorce Act (Canada) or under a predecessor to that Act. 8. Subsection 35(1) of the Act is repealed and the following substituted: Order varying an order 35. (1) A court shall not make an order under this Part that varies a parenting order or contact order made by a court in the province unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. 9. (1) Subsections 36(1) and (2) of the Act are repealed and the following substituted: Assessment of needs of child 36. (1)
The court to which an application is made for a parenting order or contact
order may, by order, appoint a person who has the technical or professional
skills to investigate, assess and report to the court on the needs of the child
and the ability and willingness of the parties to satisfy the needs of the
child. (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. (2) Subsection 36(7) of the Act is amended by deleting the words "his or her" and substituting the word "a". (3) Subsection 36(14) of the Act is amended by deleting the number "1" and substituting the word "one". 10. Subsection 37(1) of the Act is repealed and the following substituted: Mediation 37. (1) Upon
an application for a parenting order or contact order, the court, at the
request of the parties, may, by order, appoint a person selected by the parties
to mediate a matter specified in the order. 11. Subsection 38(2) of the Act is amended by deleting the number "1" and substituting the word "one". 12. The Act is amended by adding immediately after section 39 the following: Duties - parties 39.1 (1) A person to whom decision-making
responsibility, parenting time or contact has been granted in respect of 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. (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. (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 a family dispute resolution process. (4) A party to a proceeding under this Part or a person who is subject to an
order made under this Part shall provide complete, accurate and up-to-date
information where required to do so under this Part. (5) Every document that commences a proceeding under this Part, or that
responds to such a document, that is filed with a court by a party to a
proceeding shall contain a statement by the party certifying that the party is
aware of the duties to which the party is subject under subsections (1) to (4).
Duties - legal adviser 39.2 (1) It is the duty of a legal adviser who
undertakes to act on a person’s behalf in a proceeding under this Part to (a) encourage the person to attempt to resolve the matters that may be the
subject of an order under this Part through
a family dispute resolution process, unless the circumstances of the case are
of such a nature that it would clearly not be appropriate to do so; (b) inform the person of the family justice services known to the legal adviser that might assist the person in (i) resolving the matters that may be the subject of an order under this Part, and (ii) complying with an order or decision made under this Part; and (c) inform the person of the parties' duties under this Part. (2) Every document that commences a proceeding under this Part, or that
responds to such a document, that is filed with a court by a legal adviser
shall contain a statement by the legal adviser certifying that the legal
adviser has complied with subsection (1). Duties - court 39.3 (1) 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 a nature that it would clearly not be appropriate to do so: (a) a restraining order under section 42 or a similar order under the Family Law Act or the Family Violence Protection Act or any other 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, (ii) contacting or communicating with a specified person, either directly or indirectly, (iii) attending at or being within a certain distance of a specified place or location, (iv) engaging in harassing or threatening conduct directed at a specified person, (v) occupying a family home or a residence, or (vi) engaging in family violence; (b) a child protection order, proceeding, agreement or measure; or (c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature. (2) In order to carry out its duty under subsection (1), the court may make inquiries of the parties or review information that is readily available and that has been obtained through a lawful search. 13. Subsections 40(1) and (2) of the Act are repealed and the following substituted: Supervision 40. (1) Where
a parenting order or contact order is made in respect of a child, a court may
give the directions that it considers appropriate for supervision, by a person
or a manager appointed under the Children,
Youth and Families Act, of the
exercise of parenting time or contact. (2) A court shall not direct a person or a manager
appointed under the Children, Youth and
Families Act to supervise the
exercise of parenting time or contact under subsection (1) unless the person or
manager has consented to act as supervisor. 14. Section 41 of the Act is repealed and the following substituted: Enforcement of parenting time or contact 41. (1) A party to a parenting order or contact order may apply to a court for relief where the party has been wrongfully denied parenting time or contact with the child by another party to the parenting order or contact order. (2) Where the court is satisfied that parenting time or contact is being wrongfully denied to the applicant, the court may order one or more of the following: (a) that the respondent give the applicant compensatory parenting time or contact with the child for a period agreed on by the parties, or, where the parties do not agree, for a period that the court considers appropriate; (b) supervision under section 40; (c) that the respondent reimburse the applicant for reasonable expenses actually incurred as a result of the wrongful denial of parenting time or contact; and (d) the appointment of a mediator in accordance with section 37. (3) Compensatory parenting time or contact shall not be longer than the parenting time or contact that was wrongfully denied. (4) A denial of parenting time or contact with a child is not wrongful where (a) the respondent believes on reasonable grounds that the child will suffer physical or emotional harm if parenting time or contact is exercised; (b) the respondent believes on reasonable grounds that the respondent will suffer physical harm if parenting time or contact is exercised; (c) the
respondent believes on reasonable grounds that the applicant is impaired by
alcohol or a drug at the time parenting time or contact is to be exercised; (d) the applicant fails to exercise the right to parenting time or contact within one hour of the time specified in the order or a time otherwise agreed on by the parties; (e) the respondent believes on reasonable grounds that the child is suffering from an illness of such a nature that it is not appropriate to allow parenting time or contact to be exercised; (f) the applicant does not satisfy written conditions that were agreed on by the parties or that are part of the parenting order or contact order; (g) on numerous occasions during the preceding 12 months the applicant had, without reasonable notice and excuse, failed to exercise the right to parenting time or contact; (h) the applicant had informed the respondent that the applicant would not seek to exercise the right to parenting time or contact on the occasion in question; or (i) the court thinks that the withholding of the parenting time or contact is, in the circumstances, justified. (5) A
party to a parenting order or contact order may apply to a court for relief
where another party to the parenting order or contact order has, without
reasonable notice and excuse, (a) failed
to exercise parenting time or contact; or (b) not returned the child as the order requires. (6) Where
the court is satisfied that the respondent, without reasonable notice and
excuse, failed to exercise the right to parenting time or contact or did not
return the child as the order requires, the court may order one or more of the
following: (a) supervision
under section 40; (b) that
the respondent reimburse the applicant for reasonable
expenses actually incurred as a result of the failure
to (i) exercise the right to parenting time or contact, or (ii) return
the child as the order requires; and (c) the appointment of a mediator in accordance with section 37. (7) An application under subsection (1) or (5) shall be heard within 10 days after it has been served. (8) An
application under subsection (1) or (5) shall not be made more than 30 days
after the alleged wrongful denial or failure. (9) An
application under subsection (1) or (5) shall be determined on
the basis of affidavit evidence only, unless the court allows a party to
proceed in another manner. (10) At the hearing of an application under subsection (1) or (5), unless the court orders otherwise, evidence shall be admitted only if it is directly related to (a) the alleged wrongful denial of parenting time or contact or failure to exercise the right to parenting time or contact or failure to return the child as the order requires; or (b) the respondent's reasons for the denial of parenting time or contact or failure to exercise the right to parenting time or contact or failure to return the child as the order requires. (11) A
person who is a party to a separation agreement made under section 64 of the Family Law Act may file the agreement
with the Supreme Court, together with the person's affidavit stating that the
agreement is in effect and has not been set aside or varied. (12) When a separation agreement providing for parenting time with a child at specific times or on specific days is filed in accordance with subsection (11), subsections (1) and (5) apply as if the agreement were an order of the court where it is filed. (13) Where the court is satisfied that a person has made an application under subsection (1) or (5) in bad faith, the court shall only hear further applications by that person under this section by leave of the court. 15. Subsection 42(1) of the Act is repealed and the following substituted: Order restraining harassment 42. (1) On
application, a court may make an interim or final order restraining a person
from harassing the applicant or children in the applicant's lawful care or
charge or from communicating with the applicant or children, except as the
order provides, and may require the person to enter into the recognizance or
post the bond that the court considers appropriate. 16. (1) Subsections 43(1) and (2) of the Act are repealed and the following substituted: Order where child unlawfully withheld 43. (1) Where a court is satisfied upon application by a person in whose favour a parenting order or contact order has been made in respect of a child that there are reasonable grounds for believing that a person is unlawfully withholding the child from the applicant, the court may, by order, authorize the applicant or someone on the applicant's behalf to apprehend the child for the purpose of giving effect to the rights of the applicant under the parenting order or contact order. (2) Where a court is satisfied, upon application, that there are grounds for believing that a person (a) is unlawfully withholding a child from a person in whose favour a parenting order or contact order has been made; (b) who is prohibited by court order or separation agreement from removing a child from the province proposes to remove the child or have the child removed from the province; or (c) who is entitled to parenting time or contact with the child proposes to remove the child or to have the child removed from the province and that the child is not likely to return, the court may, by order, direct a peace officer having jurisdiction in an area where it appears to the court that the child may be, to locate, apprehend and deliver the child to the person named in the order. (2) Subsection 43(5) of the Act is amended by deleting the words "he or she" and substituting the words "the peace officer". (3) Subsection 43(6) of the Act is repealed and the following substituted: (6) Where a social worker in the Department of Social Supports and Well-Being is available, a peace officer may ask for the social worker's assistance to carry out an order under subsection (2). (4) Subsection 43(9) of the Act is amended by deleting the words "custody or access" and substituting the words "a parenting order or contact order". 17. Section 44 of the Act is repealed and the following substituted: Enforcement proceeding 44. Where
a child is the subject of an enforcement proceeding under section 54 or the
subject of a proceeding under section 282 or 283 of the Criminal Code, a social worker employed with the Department of Social Supports and Well-Being may accompany the child for the purpose of facilitating the child's
return to the person who has lawful care or charge of the child. 18. (1) Subsection 45(2) of the Act is amended by deleting the words "access to" and substituting the words "parenting time or contact with". (2) Subsection 45(3) of the Act is amended by deleting the number "1" and substituting the word "one". 19. Subsection 46(1) of the Act is amended by deleting the words "orders in respect of custody of or access to a child" and substituting the words "a parenting order or contact order". 20. (1) Paragraph 47(1)(a) of the Act is amended by deleting the words "in respect of custody or access" and substituting the words "for a parenting order or contact order". (2) Paragraph 47(1)(b) of the Act is amended by
deleting the words "an order
for custody or access" and substituting the words "a parenting order
or contact order". (3) Subsection
47(2) of the Act is amended by (a) deleting the words "custody of a
child" and substituting the words "decision-making responsibility, parenting time or both, in respect of a
child"; and (b) deleting the words "an order for custody or access" and substituting the words "a parenting order or contact order". 21. The Act is amended by adding immediately after section 47 the following: Relocation 47.1 (1) A person who has decision-making
responsibility, parenting time or both, in respect of a child and who intends
to undertake a relocation shall, at least 60 days before the expected date of
the proposed relocation, notify any person who has decision-making
responsibility, parenting time or contact under a contact order in respect of
the child of the intention. (2) A notice under subsection (1) shall be in writing and shall include (a) the expected date of the relocation; (b) the address of the new place of residence and contact information of the
person or child, as the case may be; and (c) a proposal as to how decision-making responsibility, parenting time or
contact, as the case may be, could be exercised. (3) Notwithstanding subsections (1) and (2), the court may, on
application, order that the requirements in those subsections do not apply or
may modify the requirements, where the court is of the opinion that it is
appropriate to do so, including where there is a risk of family violence. (4) An application under subsection (3) may be made without notice to any other
party. (5) A person with decision-making responsibility,
parenting time or both, in respect of a child, who receives a notice of a
proposed relocation under subsection (1) may, not later than 30 days after
receiving the notice, object to the relocation by??????? (a) doing the following: (i) notifying the person who gave the notice of the proposed relocation of the objection to the relocation, and (ii) filing the notice of the objection to the relocation with the court; or (b) making an application under section 27. (6) A notice under paragraph (5)(a) shall be in
writing and shall include (a) a statement that the person objects to the proposed relocation; (b) the reasons for the objection; and (c) the person’s views on the proposal referred to in paragraph (2)(c). Authorization of relocation 47.2 (1) A person who has given notice of a
proposed relocation under section 47.1 and who intends to relocate a child may
do so as of the date referred to in the notice if, (a) the relocation is authorized by a court; or (b) no objection to the relocation is made in accordance with subsection 47.1(5) and there is no order prohibiting the relocation. (2) In determining whether to authorize the relocation of a child, the court shall take into consideration the best interests of the child in accordance with section 31 and shall also consider (a) the reasons for the relocation; (b) the impact of the relocation on the child; (c) the amount of time spent with the child by each person who has parenting
time or is an applicant for a parenting order in respect of the child and the
level of involvement in the child’s life of each of those persons; (d) whether the person who intends to relocate the child has complied with applicable
notice requirements under section 47.1 and applicable Acts, regulations, orders,
arbitral awards or agreements; (e) the existence of an order, arbitral award or agreement that specifies the
geographic area in which the child is to reside; (f) the reasonableness of the proposal of the person who intends to relocate
the child to vary the exercise of decision-making responsibility, parenting
time or contact, taking into consideration, among other things, the location of
the new residence and the travel expenses; and (g) whether each person who has decision-making responsibility, parenting time
or both, or is an applicant for a parenting order in respect of the child has
complied with the person's obligations under applicable Acts, regulations,
orders, arbitral awards or agreements and the likelihood of future compliance. (3) In determining whether to authorize a relocation of the child, the court
shall not consider, if the child’s relocation were to be prohibited, whether the
person who intends to relocate the child would relocate without the child or
not relocate. (4) Where the parties to the proceeding substantially comply with an order,
arbitral award, or agreement that provides that a child spend substantially
equal time in the care of each party, the party who intends to relocate the
child has the burden of proving that the relocation would be in the best
interests of the child. (5) Where the parties to the proceeding substantially comply with an order,
arbitral award or agreement that provides that a child spend the vast majority
of time in the care of the party who intends to relocate the child, the party
opposing the relocation has the burden of proving that the relocation would not
be in the best interests of the child. (6) In circumstances other than those referred to
in subsection (4) and (5), the
parties to the proceeding have the burden of proving whether the relocation is
in the best interests of the child. (7) A court may decide not to apply subsections (4) and (5) where an order referred to in those subsections is an interim order. (8) Where a court authorizes the relocation of a child, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child. Change in residence – decision-making responsibility and parenting time 47.3 (1) A person who has decision-making
responsibility, parenting time or both, in respect of a child and who intends
to change the person's place of residence, or the child's place of residence, shall
notify any person who has decision-making responsibility, parenting time or contact
under a contact order in respect of the child, of the intention. (2) A
notice under subsection (1) shall be in writing and shall include (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. (3) Notwithstanding subsections (1) and (2), the court may, on
application, order that the requirements in those subsections do not apply or
may modify the requirements, where the court is of the opinion that it is
appropriate to do so, including where there is a risk of family violence. (4) An application under subsection (3) may be made without notice to any other
party. (5) This section does not apply with respect to a change in the place of residence that is a relocation. Change in residence – contact 47.4 (1) A person who has contact with a child
under a contact order and who intends to change the person's place of residence
shall notify any person who has decision-making responsibility, parenting time or
both, in respect of the child of the intention. (2) A notice under subsection (1) shall be in writing and shall include (a) the date on which the change is expected to occur; and (b) the address of the new residence and the person's contact information. (3) Where the change is likely to have a significant impact on the child’s
relationship with the person, the following additional requirements apply with
respect to the notice: (a) the notice shall be given at least 60 days before the date on which the change
in residence is expected to occur; and (b) the notice shall include a proposal as to how contact could be exercised
after the change in residence. (4) Notwithstanding subsections (1) to (3), the court may, on
application, order that the requirements in those subsections do not apply or
may modify the requirements, where the court is of the opinion that it is
appropriate to do so, including where there is a risk of family violence. (5) An application under subsection (4) may be made without notice to any other
party. 22. (1) Section 48 of the Act is amended by deleting
the number "1" and substituting the word "one". (2) Paragraph 48(c) of the Act is amended by
deleting the words "order in respect of the custody or access" and
substituting the words "parenting order or contact order". 23. Section 49 of the Act is repealed and the following substituted: Enforcement of extra-provincial orders 49. (1) Upon application by a person in whose favour an extra-provincial order has been made, a court shall recognize the extra-provincial order unless the court is satisfied (a) that the respondent was not given reasonable
notice of the start of the proceeding in which the extra-provincial order was made; (b) that the respondent was not given an opportunity to be heard by the extra-provincial tribunal before the extra-provincial order was made; (c) that the law of the place in which the extra-provincial order was made did not require the extra-provincial tribunal to have regard for the best interests of the child; (d) that the extra-provincial order is contrary to public policy in the province; or (e) that, in accordance with section 28, the extra-provincial tribunal would not have jurisdiction if it were a court in the province. (2) An extra-provincial order that is recognized by a court shall be considered to be an order of the court and enforceable as such. (3) A court presented with conflicting extra-provincial orders that, but for the conflict, would be recognized and enforced by the court under subsection (1) shall recognize and enforce the extra-provincial order that appears to the court to be most in accord with the best interests of the child. (4) A court that has recognized an extra-provincial order may make those further orders under this Part that the court considers necessary to give effect to the extra-provincial order. 24. Subsection 50(1) of the Act is repealed and the following substituted: Superseding order, material change 50. (1) Upon application, a court may, by order,
supersede an extra-provincial order where the court is satisfied that there has
been a material change in circumstances that affects or is likely to affect the
best interests of the child, and (a) the
child is habitually resident in the province at the start of the application
for the order; or (b) although
the child is not habitually resident in the province, the court is satisfied (i) that the child is physically present in the province at the start of the application for the order, (ii) that the child no longer has a real and substantial connection with the place where the extra-provincial order was made, (iii) that substantial evidence concerning the best interests of the child is available in the province, (iv) that the child has a real and substantial connection with the province, and (v) that, on the balance of convenience, it is appropriate for jurisdiction to be exercised in the province. 25. Section 51 of the Act is repealed and the following substituted: Superseding order, serious harm 51. Upon
application, a court may, by order, supersede an extra-provincial order where
the court is satisfied that the child would, on the balance of probabilities,
suffer serious harm if the child (a) remains in the day-to-day care of the person entitled to parenting time with the child; (b) is returned to the day-to-day care of the
person entitled to parenting time with the child; or (c) is removed from the province. 26. Section 55 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 27. Section 57 of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one". 28. (1) Paragraph 59(1)(c) of the Act is repealed and the following substituted: (c) a person who has lawful care or charge of the
child, (2) Subsections 59(3) and (4) of the Act are repealed and the following substituted: (3) A
receipt or discharge for money or personal property not in excess of the amount
or value set out in subsection (1) received for a child by a parent with whom
the child lives or a person who has lawful care or
charge of the child has the same
validity as if a court had appointed the parent or the person as a guardian of
the property of the child. (4) A
parent with whom a child lives or a person who has
lawful care or charge of a child
who receives and holds money or personal property referred to in subsection (1)
has the responsibility of a guardian for the care and management of the money
or personal property. 29. Section
60 of the Act is repealed and the following substituted: Accounts 60. A guardian of the property of a child may be required to account or may voluntarily pass the guardian's accounts in respect of the care and management of the property of the child in the same manner as a trustee under a will may be required to account or may pass the trustee's accounts in respect of the trusteeship. 30. Subsection 65(2) of the Act is amended by deleting the words "his or her office". 31. Subsection 67(1) of the Act is amended by (a) deleting the number "1" wherever it appears and substituting the word "one"; and (b) deleting the words "his or her" and substituting the words "the person's". 32. (1) Subsection 68(1) of the Act is repealed and the following substituted: Appointment by will 68. (1) A person entitled to decision-making responsibility and parenting time in respect of a child may appoint by will one or more persons to have decision-making responsibility and parenting time in respect of the child after the death of the appointor. (2) Subsection 68(2) of the Act is amended by deleting the number "1" and substituting the word "one". (3) Subsections 68(4) and (5) of the Act are repealed and the following substituted: (4) An appointment under subsection (1), (2) or (3) is effective only if (a) the appointor is the only person entitled to decision-making
responsibility and parenting time in respect of the child or who is the
guardian of the property of the child, as the case requires, on the day
immediately before the appointment is to take effect; or (b) the appointor and another person entitled to decision-making responsibility and parenting time in respect of the child or who is the guardian of the property of the child, as the case requires, die at the same time or in circumstances that render it uncertain which survived the other. (5) Where 2 or more persons are appointed to have decision-making responsibility and parenting time in respect of a child or to be guardians of the property of a child by appointors who die as mentioned in paragraph (4)(b), only the appointments of the persons appointed by both or all of the appointors are effective. (4) Subsection 68(7) of the Act is repealed and the following substituted: (7) An appointment under subsection (1), (2) or (3) for decision-making responsibility and parenting time in respect of a child or guardianship of the property of a child expires 90 days after the appointment becomes effective or, where the appointee applies under this Act for decision-making responsibility and parenting time in respect of the child or under this Part for guardianship of the property of the child within the 90 day period, when the application is disposed of. 33. (1) Paragraph
69(4)(a) of the Act is repealed and the following substituted: (a) the parents of the child; (2) Paragraph
69(4)(b) of the Act is amended by deleting the words "his or her" and
substituting the words "the person's". 34. Section 72 of the Act is repealed. 35. Section 74 of the Act is repealed and the following substituted: All proceedings in one court 74. Except as otherwise provided, where an application is made to a court under this Act, no person who is a party to the proceeding shall make an application under this Act to another court in respect of a matter in issue in the proceeding, but the court may order that the proceedings be transferred to a court having other jurisdiction where, in the opinion of the court, the court having other jurisdiction is more appropriate to determine the matters in issue that should be determined at the same time. 36. (1) Subsection 75(1) of the Act is repealed and the following substituted: Procedure 75. (1) Matters under this Act which are heard in the Supreme Court shall be governed by the Rules of the Supreme Court, 1986. (2) Subsection 75(2) of the Act is amended by deleting the reference "Summary Proceedings Act" and substituting the reference "Provincial Offences Act". (3) Subsection 75(3) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 37. Section 78 of the Act is repealed and the following substituted: Inherent jurisdiction 78. This Act does not deprive the Supreme Court or the Court of Appeal of its inherent jurisdiction to make orders with respect to children. 38. Section 81 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". 39. Subsection 83(1) of the Act is amended by deleting the word "custody" and substituting the words "both decision-making responsibility and parenting time in respect". 40. The Act is amended by adding immediately after section 83 the following: Transitional 84. (1) In this section, "transition date"
means the day on which this section comes into force. (2) Unless the court orders otherwise, a person who, immediately before the
transition date, had custody of a child in accordance with an order under this
Act or a separation agreement is considered, as of the transition date, to have
both decision-making responsibility and parenting time with respect to the
child under the order or separation agreement, and references in the order or
separation agreement to custody shall be read as references to both decision-making
responsibility and parenting time. (3) Unless the court orders otherwise, a person who, immediately before the
transition date, had access to a child in accordance with an order under this
Act or a separation agreement is considered, as of the transition date, to have (a) parenting time with respect to the child if the person is a parent of the
child or stands in the place of a parent; or (b) contact with respect to the child if the person is not a parent of the
child or is not standing in the place of a parent, and
references in the order or separation agreement to access shall be read as
references to parenting time or contact, as the case may be. (4) A proceeding commenced under this Act but not concluded before the transition date shall be dealt with and concluded in accordance with this Act as it reads on and after the transition date. FAMILY LAW ACT RSNL1990 cF-2 41. (1) Paragraph 2(1)(a) of the Family Law Act is repealed and the following substituted: (a) "child" means a child born within or outside marriage and includes (i) a child adopted under the Adoption Act, 2013, and (ii) a child whom a person has demonstrated a settled intention to treat as a child of the person's family, but does not include a child placed in a foster care placement for consideration by a person having lawful care or charge of the child; (2) Paragraph 2(1)(b) of the Act is repealed and the following substituted: (b) "court" means the Supreme Court or the Provincial Court; (3) Subsection 2(1) of the Act is amended by adding immediately after paragraph (b) the following: (b.1) "decision-making responsibility" means decision-making responsibility as defined in the Children's Law Act; (4) Paragraph 2(1)(d) of the Act is repealed and the following substituted: (d) "parent" means a parent of a child by birth, whether within or outside marriage, or by virtue of the Adoption Act, 2013, and includes a person who has demonstrated a settled intention to treat a child as a child of the person's family other than under an arrangement where the child is placed in a foster care placement for consideration by a person having lawful care or charge of the child; (5) Subsection 2(1) of the Act is amended by adding immediately after paragraph (d) the following: (d.01) "parenting order" means parenting order as defined in the Children's Law Act; (d.02) "parenting time" means parenting time as defined in the Children's Law Act; (d.03) "Provincial Court" means the Provincial Court of Newfoundland and Labrador; (6) Paragraph 2(1)(d.1) of the Act is amended by adding the word "and" at the end of the paragraph. (7) Subsection 2(2) of the Act is amended by deleting the words "Trial Division - Family Division" and substituting the words "Supreme Court - Family Division". 42. Subsection 3(3) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 43. (1) Paragraph
4(4)(a) of the Act is amended by deleting the words "he or she" and
substituting the words "the mediator". (2) Subsection 4(9) of the Act is amended by deleting the number "1" and substituting the word "one". 44. (1) Paragraph 6(1)(a) of the Act is repealed and the following substituted: (a) "court" means the Supreme Court; and (2) Paragraph
6(1)(b) of the Act is amended by deleting the words "his or her" and
substituting the words "the person's". (3) Subsection
6(6) of the Act is amended by (a) deleting
the words "his or her" and substituting the words "the
person's"; and (b) deleting
the number "1" and substituting the word "one". 45. Paragraph 7(a) of the Act is amended by deleting the number "1" and
substituting the word "one". 46. Subsection 8(4) of the Act is amended by deleting the number "1" and
substituting the word "one". 47. Paragraph 9(4)(b) of the Act is amended by deleting the number "1" and substituting the word "one". 48. Section 12 of the Act is amended by (a) deleting the words "he or she" wherever they appear and substituting the words "the person"; and (b) deleting the words "his or her" and substituting the words "the person's". 49. (1) Paragraph 15(1)(a) of the Act is amended by deleting the number "1" and substituting the word "one". (2) Subsection 15(2) of the Act is amended by deleting the words "his or her" and substituting the words "the child's". 50. (1) Paragraph 18(1)(b) of the Act is repealed and the following substituted: (b) "court" means the Supreme Court; and (2) Subparagraph 18(1)(c)(i) of the Act is amended by deleting the number "1" and substituting the word "one". 51. (1) Paragraph 21(1)(d) of the Act is amended by deleting the number "1" and substituting the word
"one". (2) Subsection 21(2) of the Act is repealed and the following substituted: (2) Rights
that a surviving spouse has to the ownership or division of property under this
Act are in addition to rights that the person has as a result
of the death of the person's spouse, whether that right arises on
intestacy or by will. (3) Paragraph 21(3)(c) of the Act is repealed and the following substituted: (c) one
year after the first spouse's death. 52. Section 26 of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one". 53. Subsection 27(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 54. Section 34 of the Act is amended by deleting the number "1" and substituting the word
"one". 55. Section 35 of the Act is repealed and the following substituted: Definitions 35. In this Part (a) "child support guidelines" means the child support guidelines established under the regulations; (b) "cohabiting partner" means either of 2 persons who have cohabited in a conjugal
relationship outside of marriage (i) for a period of at least 2 years, or (ii) for a period of at
least one year, where they are, together, the biological or adoptive parents of
a child; (c) "dependant" means a person to whom another has an obligation to
provide support under this Act; and (d) "order for support" or "order for the support of a dependant" means an order made in proceedings under section 37, 39, 46 or 47 and an order for maintenance or alimony made before May 1, 1989. 56. Section
36 of the Act is repealed and the following substituted: Obligation of spouse or cohabiting partner for support 36. All spouses and cohabiting partners have an obligation to provide support for themselves and for their spouse or cohabiting partner, in accordance with need, to the extent that they are capable of doing so. 57. (1) Subsection
37(1) of the Act is repealed and the following substituted: Obligation to
provide child support 37. (1)
All parents have an obligation, to
the extent that the parents are capable of doing so,
to provide support for their child. (2) Paragraph
37(7)(a) of the Act is amended by deleting the words "his or her" and
substituting the words "the child's".
58. (1) Section 37.1 of the Act is amended by deleting the word "dependent" wherever it appears and substituting the word "dependant". (2) Subsection 37.1(4) of the Act is amended by deleting the word "partner" and substituting the words "cohabiting partner". 59. Section
38 of the Act is amended by deleting the words "his or her" and
substituting the words "the child's". 60. (1) Subsection 39(1) of the
Act is amended by deleting the words "his or her" and substituting
the words "the person's". (2) Subsection 39(3) of the Act is amended by deleting the word "partner" and substituting the words "cohabiting partner". (3) Subsection
39(4) of the Act is amended by deleting the words "partner, or his or her
dependent child," and substituting the words "cohabiting partner". (4) Subsection
39(4.1) of the Act is amended by (a) deleting
the words "Social Services" wherever they appear and substituting the
words "Social Supports and Well-Being"; and (b) deleting the reference "Social Assistance Act" and substituting the reference "Income and Employment Support Act". (5) Subsection
39(8) of the Act is amended by (a) deleting the word "partner" wherever it appears and substituting the words "cohabiting partner"; and (b) deleting the words "his or her" and substituting the words "the spouse's or cohabiting partner's". (6) Paragraph
39(9)(b) of the Act is amended by deleting the words "his or her" and
substituting the words "the dependant's". (7) Paragraph 39(9)(j) of the Act is amended by deleting the number "1" and substituting the word "one". (8) Paragraph
39(9)(l) of the Act is amended by (a) deleting the word "partner" and substituting the words "cohabiting partner"; and (b) deleting the words "his or her" and substituting the words "the dependant's". (9) Paragraph
39(9)(m) of the Act is amended by (a) deleting the word "partner" and substituting the words "cohabiting partner"; and (b) deleting the words "his or her" and substituting the words "the child's". (10) Paragraph
39(9)(n) of the Act is amended by (a) deleting the word "partner" and substituting the words "cohabiting partner"; and (b) deleting
the words "his or her" and substituting the words "the
child's". (11) Paragraph 39(9)(o) of the Act is amended by deleting the word "partner" and substituting the words "cohabiting partner". (12) Subsection 39(10) of the Act is amended by deleting the word "partner" wherever it appears and substituting the words "cohabiting partner". 61. (1) Subsection 40(1) of the Act is amended by (a) deleting the word "partner" wherever it appears and substituting the words "cohabiting partner"; (b) deleting the words "Social Services" and substituting the words "Social Supports and Well-Being"; and (c) deleting
the words "his or her" and substituting the words "the
respondent's". (2) Subsection 40(2) of the Act is amended by deleting the word "partner" wherever it appears and substituting the words "cohabiting partner". (3) Subsection 40(7) of the Act is repealed and the following substituted: (7) An order for support of a spouse or cohabiting partner is assignable to the Department of Social Supports and Well-Being. 62. Subsection 42(1) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 63. Subsections 43(1) and (2) of the Act are amended by deleting the reference "Divorce Act, 1985 (Canada)" wherever it appears and substituting the reference "Divorce Act (Canada)". 64. Section
44 of the Act is repealed and the following substituted: Absconding respondent or debtor 44. Where an application is made under section 39 and the judge
is satisfied that the respondent or debtor is about to leave the province and
that there are reasonable grounds for believing that the respondent or debtor
intends to evade the respondent's or debtor's responsibilities under this Part,
the judge may issue a warrant in the form prescribed by the rules of the court
for the arrest of the respondent or debtor. 65. Paragraph 47(1)(g) of the Act is amended by deleting the word "partner" and substituting the words "cohabiting partner". 66. Subsection
52(1) of the Act is amended by deleting the words "his or her" and
substituting the words "the debtor's". 67. Section 57 of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 68. Subsection 59(1) of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". 69. Section 60 of the Act is amended by (a) deleting the word "partner" wherever it appears and substituting the words "cohabiting partner"; and (b) deleting the word "partners" wherever it appears and substituting the words "cohabiting partners". 70. Paragraph 62(c) of the Act is repealed and the following substituted: (c) the right to direct the education and moral training of their children, but not the right to decision-making responsibility and parenting time in respect of their children; and 71. Paragraph 63(1)(c) of the Act is amended by deleting the words "custody of or access to" and substituting the words "decision-making responsibility and parenting time in respect of ". 72. Paragraph 64(d) of the Act is amended by deleting the words "custody of or access to" and substituting the words "decision-making responsibility and parenting time in respect of ". 73. (1) Subsection 65(3) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". (2) Subsection 65(5) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 74. Subsection 66(1) of the Act is amended by deleting the words "custody of or access to" and substituting the words "decision-making responsibility or parenting time in respect of". 75. Section 67 of the Act is amended by deleting the number "1" and substituting the word "one". 76. Paragraph 68(c) of the Act is amended by deleting the words "custody of or access to" and substituting the words "decision-making responsibility and parenting time in respect of ". 77. Subsection 69(2) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's". 78. The Act is amended by adding immediately after section 71 the following: PART IV.1 Definitions 71.1 In this Part (a) "family dispute resolution process" means a process outside of court that is used by parties to a family law dispute to attempt to resolve any matters in dispute, including negotiation, mediation and collaborative law; (b) "family justice services" means public or private services intended to help
persons deal with issues arising from separation or divorce; (c) "family violence" means family violence as defined in the Children's Law Act; and (d) "legal adviser" means a person authorized under the Law Society Act, 1999 to practise law or provide legal services to another person in a proceeding under this Act. Duties - parties 71.2 (1) A party to a proceeding under this Act shall, to the best of the party's ability, protect any child from conflict arising from the proceeding. (2) 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 Act through a family dispute resolution process. (3) A party to a proceeding under this Act or a person who is subject to an
order made under this Act shall provide complete, accurate and up-to-date
information where required to do so under this Act. (4) Every document that commences a proceeding under this Act, or that responds
to such a document, that is filed with a court by a party to a proceeding shall
contain a statement by the party certifying that the party is aware of the
duties to which the party is subject under subsections (1) to (3). Duties – legal adviser 71.3 (1) It is the duty of a legal adviser who
undertakes to act on a person’s behalf in a proceeding under this Act to (a) encourage the person to attempt to resolve the matters that may be the
subject of an order under this Act through
a family dispute resolution process, unless the circumstances of the case are
of such a nature that it would clearly not be appropriate to do so; (b) inform the person of the family justice services known to the legal adviser that might assist the person in (i) resolving the matters that may be the subject of an order under this Act, and (ii) complying with an order or decision made under this Act; and (c) inform the person of the parties' duties under this Act. (2) Every document that commences a proceeding under this Act, or that responds
to such a document, that is filed with a court by a legal adviser shall contain
a statement by the legal adviser certifying that the legal adviser has complied
with subsection (1). Duties - court 71.4 (1) 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 Act, unless the circumstances of the case are of a nature that it would clearly not be appropriate to do so: (a) a restraining order under section 81 or a similar order under the Children's Law Act or the Family Violence Protection Act or any other 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, (ii) contacting or communicating with a specified person, either directly or indirectly, (iii) attending at or being within a certain distance of a specified place or location, (iv) engaging in harassing or threatening conduct directed at a specified person, (v) occupying a family home or a residence, or (vi) engaging in family violence; (b) a child protection order, proceeding, agreement or measure; or (c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature. (2) In order to carry out its duty under subsection (1), the court may make inquiries of the parties or review information that is readily available and that has been obtained through a lawful search. 79. Section
72 of the Act is amended by (a) deleting
the words "his or her" wherever they appear and substituting the
words "the married person's"; and (b) deleting
the words "he or she" and substituting the words "the married person". 80. Subsection
73(1) of the Act is repealed and the following substituted: Pledging credit for necessaries 73. (1) During cohabitation, a person who is a spouse has authority to render the person and the person's spouse jointly and individually liable to a third party for necessaries of life, except where the person has notified the third party that the person has withdrawn the authority. 81. Section 75 of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 82. (1) Paragraph 76(b) of the Act is amended by deleting the number "1" and substituting the word "one". (2) Paragraph 76(c) of the Act is repealed and the following substituted: (c) where the minor resides with another person who has lawful care or charge of the minor, that person's domicile; or 83. (1) Subsection 81(1) of the Act is repealed and the following substituted: Order restraining harassment 81. (1) Upon
application, a court may make an order restraining the spouse of the applicant from
harassing the applicant or children in the lawful care or charge of the applicant,
or from communicating with the applicant or children, except as the order
provides, and may require the spouse of the applicant to enter into the
recognizance that the court considers appropriate. (2) Subsection 81(3) of the Act is repealed and the following substituted: (3) The Supreme Court may make an order under this section giving exclusive possession of the matrimonial home to one spouse, whether the home is owned or leased by one or both spouses. 84. Section 82 of the Act is repealed and the following substituted: Procedure 82. (1) Matters
under this Act which are heard in the Supreme Court shall be
governed by the Rules of the Supreme Court, 1986, with the necessary
changes. (2) Matters
under this Act which are heard in the Provincial Court shall be governed by the
Provincial Court Family Rules, 2007. (3) The
provisions of the Criminal Code respecting bail, bail hearings and delay in
release shall apply to a proceeding before the Supreme Court, where applicable. 85. Section 86 of the Act is amended by deleting the reference "Minister of Justice" and substituting the reference "Minister of Justice and Public Safety". Commencement 86. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©King's Printer |