The frequency of applications for custody or access to children by people other than the parents (e.g. extended family members such as grandparents, aunts, uncles, etc.) has increased dramatically. One of the numerous amendments to the Children’s Law Reform Act (the “Act”) as a result of Bill 133 (Family Law Statute Amendment Act, 2009) relates to the process of such applications.
Section 21.1 will be added to the Act requiring that the non-parent applicant file with the court the results of a recent police records check in accordance with the rules of court. Section 21.2 will be added to the Act requiring Children’s Aid Society (“CAS”) record searches to be conducted and results filed with the court. Section 21.3 will be added to the Act requiring information about the applicant’s current or previous involvement in any family court or criminal proceedings be filed with the court.
These records will be admissible as evidence in the custody and access applications.
