Gelman & Associates
Definitions, Part III
18. (1) In this Part,
“court” means the Ontario Court of Justice, the Family Court or the Superior Court of Justice; (“tribunal”)
“extra-provincial order” means an order, or that part of an order, of an extra-provincial tribunal that grants to a person custody of or access to a child; (“ordonnance extraprovinciale”)
“extra-provincial tribunal” means [...]
MEANING OF ADMISSION THAT DOCUMENT GENUINE
22. (1) An admission that a document is genuine is an admission,
(a) if the document is said to be an original, that it was written, signed or sealed as it appears to have been;
(b) if it is said to be a copy, that it is a complete and [...]
Father and mother entitled to custody
20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).
Rights and responsibilities
(2) A person entitled to custody of a child has the rights and responsibilities [...]
TRIAL RECORD
23. (1) At least 30 days before the start of the trial, the applicant shall serve and file a trial record containing a table of contents and the following documents:
1. The application, answer and reply, if any.
2. Any agreed statement of facts.
3. If relevant to an issue at trial, financial statements and [...]
Powers of court
28. (1) The court to which an application is made under section 21,
(a) by order may grant the custody of or access to the child to one or more persons;
(b) by order may determine any aspect of the incidents of the right to custody or access; and
(c) may make such additional [...]
CONSENT ORDER
25. (1) If the parties agree, the court may make an order under these rules or an Act without having the parties or their lawyers come to court. O. Reg. 114/99, r. 25 (1).
SUCCESSFUL PARTY PREPARES DRAFT ORDER
(2) The party in whose favour an order is made shall prepare a draft [...]
Assessment of needs of child
30. (1) The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and [...]
CITATION
1. (1) These rules may be cited as the Family Law Rules. O. Reg. 439/07, s. 1.
CASES AND COURTS TO WHICH RULES APPLY
(2) These rules apply to all family law cases in the Family Court of the Superior Court of Justice, in the Superior Court of Justice and in the Ontario Court [...]
Supervision of custody or access
34. (1) Where an order is made for custody of or access to a child, a court may give such directions as it considers appropriate for the supervision of the custody or access by a person, a children’s aid society or other body. R.S.O. 1990, c. C.12, s. 34 [...]
COUNTING DAYS
3. (1) In these rules or an order, the number of days between two events is counted as follows:
1. The first day is the day after the first event.
2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).
COUNTING DAYS — SHORT PERIODS
(2) If a [...]
Interim powers of court
40. Upon application, a court,
(a) that is satisfied that a child has been wrongfully removed to or is being wrongfully retained in Ontario; or
(b) that may not exercise jurisdiction under section 22 or that has declined jurisdiction under section 25 or 42,
may do any one or more of the following:
1. Make [...]
Definitions
1. (1) In this Act,
“child” includes a person whom a parent has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”)
“child support guidelines” means [...]
WHO ARE PARTIES — CASE
7. (1) A person who makes a claim in a case or against whom a claim is made in a case is a party to the case. O. Reg. 114/99, r. 7 (1).
WHO ARE PARTIES — MOTION
(2) For purposes of a motion only, a person who is affected [...]
Appointment of guardian
47. (1) Upon application by a child’s parent or by any other person, on notice to the Children’s Lawyer, a court may appoint a guardian of the child’s property. 2001, c. 9, Sched. B, s. 4 (1).
Responsibility of guardian
(2) A guardian of the property of a child has charge of [...]
REPRESENTATION FOR A PARTY
4. (1) A party may,
(a) appear without a lawyer or other representative;
(b) be represented by a lawyer; or
(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).
PRIVATE REPRESENTATION OF SPECIAL PARTY
(2) The court [...]
“age of majority”
majeur
“age of majority”, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age;
“appellate court”
cour d’appel
“appellate court”, in respect of an appeal from a court, means the [...]
Appointments by will
Custody
61. (1) A person entitled to custody of a child may appoint by will one or more persons to have custody of the child after the death of the appointor. R.S.O. 1990, c. C.12, s. 61 (1).
Guardianship
(2) A guardian of the property of a child may appoint by will one [...]
QUESTIONING — PROCEDURE
20. (1) Questioning under this rule shall take place orally under oath or affirmation. O. Reg. 114/99, r. 20 (1).
CROSS-EXAMINATION
(2) The right to question a person includes the right to cross-examine. O. Reg. 114/99, r. 20 (2).
CHILD PROTECTION CASE — AVAILABLE AS OF RIGHT
(3) In a child protection case, [...]
Order for variation, rescission or suspension
17. (1) A court of competent jurisdiction may make an order varying, rescinding or suspending, prospectively or retroactively,
(a) a support order or any provision thereof on application by either or both former spouses; or
(b) a custody order or any provision thereof on application by either or both former spouses or [...]
Procedure, general
Joinder of proceedings
62. (1) An application under this Part may be made in the same proceeding and in the same manner as an application under the Family Law Act, or in another proceeding. R.S.O. 1990, c. C.12, s. 62 (1).
Nature of order
(2) An application under this Part may be an original [...]