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Child Custody and Access Applications

Child Custody and Access Applications

Posted by Avery Zeidman | Published February 26, 2010

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

 
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