Child Custody and Access Applications

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 for custody or access applications in certain circumstances. Section 21 of the Act is amended adding a requirement for the applicant for custody or access to file when making the application a sworn affidavit stating the following:

his or her proposed plan for the child’s care and upbringing
information about the applicant’s current or previous involvement in any family court or criminal proceedings
any information that is relevant to the court’s decision
Previously, a party could start a court application for custody or access without filing or serving a sworn statement, let alone one containing a detailed parenting plan or information about previous court proceedings