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2010 Brings Major Changes to Family Law in Ontario
Commencing March 1, 2010, the McGuinty government will be implementing major reforms to a variety of Family Law matters in Ontario. The reforms have been introduced with the objective of improving the public’s access to justice in family courts.
The following are some highlights of the changes that will take effect under the new legislation:
- Family law litigants will have greater access to legal advice and the opportunity to resolve issues through the use of mediation, arbitration, and collaborative family law
- Steps to family law litigation will be streamlined and simplified
- Steps to obtaining a restraining order have been modified
- Child support amounts pursuant to either a court order or a domestic contract filed with the court may be recalculated by a child support service to reflect updated income information
- Additional evidentiary requirements must now be met when filing an application for custody or access to a child, including an accompanying affidavit containing a proposed plan for the child’s care and upbringing and information regarding the person’s current or previous involvement in any family law and criminal proceedings
- Every person applying for child custody or access who is not a parent must complete and provide to the court the results of a police records check and a children’s aid society report
- Where a person is declared to be the parent of a child, his or her written consent is required to change the child’s surname, if consent cannot be obtained or is refused an application can be made to the court
- Where a person is declared to be the parent of a child, an application can be made to the court to request that the child’s surname be changed to any surname that the child could have been given at birth
- The definition of “Net Family Property” has been amended to include any contingent tax liabilities when calculating a spouse’s debts and liabilities on the date of separation
- “Property” is to include the imputed value of a spouse’s interest in a pension plan
Full details of the upcoming reforms are still to be released by the government.
Check back to our blog for further details once the family law changes come into effect on March 1, 2010.
For further information on family law and divorce contact us at info@divorcesupport.ca or call us at 416 222 4555
6 Responses to “2010 Brings Major Changes to Family Law in Ontario”
Comment from candice
Time February 14, 2010 at 4:18 pm
An amendment to the definition of “property” in subsection 4 (1) of the Family Law Act concerns the valuation of a spouse’s rights under a pension plan for the purposes of the calculation of net family property under Part I of the Act. It specifies that a spouse’s property includes the imputed value, for family law purposes, of his or her interest in a pension plan for the period beginning with the date of the marriage and ending on the date of separation.
Any order for equalization of the pension may provide for the immediate transfer of a lump sum out of the plan, but cannot provide for any other division of the spouse’s interest in the plan unless the pension is in pay, in which case the order may only provide for a division of the pension payments.
Comment from A.J. Quinn
Time February 17, 2010 at 9:34 pm
Love your site!
Q: In the new family law amendment, is there any change to shared custody? Meaning that unless there is sufficient reason to prevent shared custody, will the court automaticly favour 50/50 split of custody, equal primary care giver?
My spouse wants shared custody of our 3 children but wants to be the primary care giver and claims that she will not accept the children having two homes.
She works two week shift peroids, not coming home until 1:30-2:00am.
I want the right to parent my children during those weeks and in fairness to her, give the children back during the weekends. Of course the roles would be reversed when my spouse works day shift.
We have not started these negotiations yet, but I hope the new laws would support my efforts in this kind of matter.
Our incomes have been very close over the past 13 yrs, however, if I have to pay full child support I will not be able to support myself let alone my children while in my care.
Please advise.
Comment from candice
Time February 24, 2010 at 3:49 pm
Commencing March 1, 2010, the provincial government will introduce many substantive and procedural changes to family law in Ontario. The amendments announced to date regarding child custody address the additional evidentiary requirements that must be met when submitting an application for custody and access and the mandatory disclosure of any previous criminal law and family court involvement. The announced amendments do not specifically address the issue of shared custody.
Comment from Catherine
Time March 2, 2010 at 7:24 pm
New forms are online. Much better. I am happy. My divorce is in the first court ht by the new rules. It means my daughter get child support from step parent. Was told that even if we had agreed otherwise the Chief Justice in this court is reviewing all family law cases for child of the marriage support!
IT means no more hiding assets, no more lying about income. I had get a court order to get my spouses income from his tax preparer. Good site and blog more!!
Pingback from Ontario Family Law Reform Pilot Projects Underway | Family Law and Divorce Blog by Niren and Associates
Time June 14, 2010 at 11:00 am
[...] January,we blogged about the pending changes that were announced with regards to reforms of several different family law procedures in Ontario, [...]
Comment from Debbie
Time February 12, 2010 at 6:12 pm
Hello, when you talk about Property is to include the imputed value of a spouses interest in a pension plan what does that refer to? Thank you.
Debbie, Ontario Canada