Bill C-245
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-245 |
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An Act to amend the Divorce Act (granting of
access to, or custody of, a child to a
grandparent)
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| R.S., c. 3 (2nd
Supp.); R.S.,
c. 27 (2nd
Supp.); 1990,
c. 18; 1992,
c. 51; 1993,
cc. 8, 28
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1. (1) Subsection 16(3) of the Divorce Act
is replaced by the following:
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| Application
by other
person
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(3) A person, other than a spouse or
grandparent , may not make an application
under subsection (1) or (2) without leave of the
court.
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(2) Subsection 16(5) of the Act is replaced
by the following:
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| Access
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(5) Unless the court orders otherwise, a
spouse or grandparent who is granted access
to a child of the marriage has the right to make
inquiries, and to be given information, as to
the health, education and welfare of the child.
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(3) Subsections 16(9) and (10) of the Act
are replaced by the following:
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| Past conduct
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(9) In making an order under this section,
the court shall not take into consideration the
past conduct of any person unless the conduct
is relevant to the ability of that person to act as
a parent or grandparent of a child.
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| Maximum
contact
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(10) In making an order under this section,
the court shall give effect to the principle that
a child of the marriage should have as much
contact with each spouse and each
grandparent as is consistent with the best
interests of the child and, for that purpose,
shall take into consideration the willingness of
the person for whom custody is sought to
facilitate such contact.
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2. (1) Subsection 17(2) of the Act is
replaced by the following:
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| Application
by other
person
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(2) A person, other than a former spouse or
grandparent, may not make an application
under paragraph (1)(b) without leave of the
court.
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(2) Subsection 17(9) of the Act is replaced
by the following:
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| Maximum
contact
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(9) In making a variation order varying a
custody order, the court shall give effect to the
principle that a child of the marriage should
have as much contact with each former spouse
and each grandparent as is consistent with the
best interests of the child and, for that purpose,
where the variation order would grant custody
of the child to a person who does not currently
have custody, the court shall take into
consideration the willingness of that person to
facilitate such contact.
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| Review after
four years
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3. (1) On the expiration of four years after
the coming into force of this Act, the
provisions contained herein shall be
referred to such committee of the House of
Commons, of the Senate, or of both Houses
of Parliament as may be designated or
established by Parliament for that purpose.
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| Report
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(2) The committee designated or
established by Parliament for the purpose
of subsection (1) shall, as soon as
practicable, undertake a comprehensive
review of the provisions and operation of
this Act and shall, within six months after
the review is undertaken or within such
further time as the House of Commons may
authorize, submit a report to Parliament
thereon including such recommendations
pertaining to the continuation of those
provisions and changes required therein as
the committee may wish to make.
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