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Bill C-340

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-340

An Act to amend the Divorce Act (right of spouses' parents to access to or custody of child)

R.S., cc. 3, 27 (2nd Supp.); 1990, c. 18; 1992, c. 51; 1993, cc. 8, 28; 1997, c. 1

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) Subsection 16(3) of the Divorce Act is replaced by the following:

Application by other person

(3) A person, other than a spouse or a parent of a spouse , may not make an application under subsection (1) or (2) without leave of the court.

(2) Subsections 16(9) and (10) of the Act are replaced by the following:

Past conduct

(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 in the best interests of the child.

Maximum contact

(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 parent of a spouse 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 or access is sought to facilitate such contact.

2. (1) Subsection 17(2) of the Act is replaced by the following:

Application by other person

(2) A person, other than a former spouse or a parent of a spouse, may not make an application under paragraph (1)(b) without leave of the court.

(2) Subsection 17(9) of the Act is replaced by the following:

Maximum contact

(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 parent of a spouse as is consistent with the best interests of the child and, for that purpose, where the variation order would grant custody of or access to the child to a person who does not currently have custody or access , the court shall take into consideration the willingness of that person to facilitate such contact.

Review after three years

3. (1) On the expiration of three years after the coming into force of this Act, its provisions 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 for that purpose.

Report

(2) The committee designated or established for the purpose of subsection (1) shall review the provisions and operation of this Act and, within six months after the review is undertaken or within such further time as the House of Commons may authorize, shall 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.