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 order as the court considers necessary and proper in the circumstances, including an order,
(i) limiting the duration, frequency, manner or location of contact or communication between any of the parties, or between a party and the child,
(ii) prohibiting a party or other person from engaging in specified conduct in the presence of the child or at any time when the person is responsible for the care of the child,
(iii) prohibiting a party from changing the child’s residence, school or day care facility without the consent of another party or an order of the court,
(iv) prohibiting a party from removing the child from Ontario without the consent of another party or an order of the court,
(v) requiring the delivery, to the court or to a person or body specified by the court, of the child’s passport, the child’s health card within the meaning of the Health Insurance Act or any other document relating to the child that the court may specify,
(vi) requiring a party to give information or to consent to the release of information respecting the health, education and welfare of the child to another party or other person specified by the court, or
(vii) requiring a party to facilitate communication by the child with another party or other person specified by the court in a manner that is appropriate for the child. R.S.O. 1990, c. C.12, s. 28; 2009, c. 11, s. 12.

Exception

(2) If an application is made under section 21 with respect to a child who is the subject of an order made under section 57.1 of the Child and Family Services Act, the court shall treat the application as if it were an application to vary an order made under this section. 2006, c. 5, s. 51 (2).

Same

(3) If an order for access to a child was made under Part III of the Child and Family Services Act at the same time as an order for custody of the child was made under section 57.1 of that Act, the court shall treat an application under section 21 relating to access to the child as if it were an application to vary an order made under this section. 2006, c. 5, s. 51 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by section 79 by adding the following section:

Application to fix times or days of access

28a. (1) If an order in respect of access to a child provides for a person’s access to the child without specifying times or days, a party to the order may apply to the court that made it to vary it by specifying times or days. R.S.O. 1990, c. C.12, s. 79.

Order

(2) The court may vary the order by specifying the times or days agreed to by the parties, or the times or days the court considers appropriate if the parties do not agree. R.S.O. 1990, c. C.12, s. 79.

Separation agreements

(3) Subsection (1) also applies, with necessary modifications, in respect of a separation agreement under section 54 of the Family Law Act or a predecessor of that section that provides for a person’s access to a child without specifying times or days. R.S.O. 1990, c. C.12, s. 79.

Exception

(4) Subsection (1) does not apply in respect of orders made under the Divorce Act (Canada) or a predecessor of that Act. R.S.O. 1990, c. C.12, s. 79.
See: R.S.O. 1990, c. C.12, ss. 79, 85.

Order varying an order

29. (1) A court shall not make an order under this Part that varies an order in respect of custody or access made by a court in Ontario unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. R.S.O. 1990, c. C.12, s. 29.
Note: On a day to be named by proclamation of the Lieutenant Governor, section 29 is amended by section 80 by adding the following subsection:

Exception

(2) Subsection (1) does not apply in respect of orders made under subsection 28a (2) (fixing times or days of access) or 34a (2) or (6) (access enforcement, etc.). R.S.O. 1990, c. C.12, s. 80.
See: R.S.O. 1990, c. C.12, ss. 80, 85.