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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