Bill C-285
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-285 |
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An Act to amend the Divorce Act (joint
custody)
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| R.S., cc. 3, 27
(2nd Supp.);
1990, c. 18;
1992, c. 51;
1993, cc. 8,
28; 1997, c. 1
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1. The Divorce Act is amended by adding
the following immediately after the heading
preceding section 16:
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| Order for joint
custody
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15.4 (1) Subject to subsections (2) to (5),
where a court of competent jurisdiction, on
application, makes an order respecting the
custody of a child of the marriage, the order
shall grant custody of the child to both spouses
jointly.
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| Other order
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(2) The court may, on application by either
or both spouses or any other person, make an
order respecting any or all children of the
marriage that is different from the order
provided for in subsection (1) where, in the
opinion of the court, the best interests of the
child or children so require.
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| Application
by other
person
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(3) A person, other than a spouse, may not
make an application under subsection (1) or
(2) without leave of the court.
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| Arrangement
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(4) In proceedings under this section, where
the spouses have entered into an arrangement
respecting the custody of a child that is
different from the joint custody provided for in
subsection (1), the court may
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| Abuse or
neglect
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(5) Where the court finds, on application by
one of the spouses or by any other person, that
a child of the marriage has suffered neglect,
abuse or other mistreatment by one of the
spouses, the court may make an order
respecting the custody of the child that it
believes is in the best interests of the child.
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| Terms and
conditions
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(6) The court may make an order under this
section that is different from the order
provided for in subsection (1) for a definite or
indefinite period or until the happening of a
specified event and may impose such other
terms, conditions or restrictions in connection
therewith as it thinks fit and just.
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| Order
respecting
change of
residence
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(7) Without limiting the generality of
subsection (6), the court may include in an
order under this section a term requiring any
person who has custody of a child of the
marriage and who intends to change the place
of residence of that child to notify, at least
thirty days before the change or within such
other period before the change as the court
may specify, any person who is granted access
to that child of the change, the time at which
the change will be made and the new place of
residence of the child.
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| Factors
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(8) In making an order under this section,
the court
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2. (1) Subsections 16(1) and (2) of the Act
are replaced by the following:
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| Access
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16. (1) A court of competent jurisdiction
may, on application by either or both spouses
or by any other person, make an order
respecting access to any or all children of the
marriage.
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| Interim order
for custody
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(2) Where an application is made under
subsection (1), the court may, on application
by either or both spouses or by any other
person, make an interim order respecting the
custody of or the access to, or the custody of
and access to, any or all children of the
marriage pending determination of the
application under subsection (1) or under
subsection 15.4(2) or (5) .
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(2) Subsection 16(4) of the Act is replaced
by the following:
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| Joint access
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(4) The court may make an order under this
section granting access to any or all children
of the marriage to any one or more persons.
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