Court order re property of child
59. (1) Upon application by a child’s parent or by any other person, on notice to the Children’s Lawyer, the Superior Court of Justice by order may require or approve, or both,
(a) the disposition or encumbrance of all or part of the interest of the child in land;
(b) the sale of the interest of the child in personal property; or
(c) the payment of all or part of any money belonging to the child or of the income from any property belonging to the child, or both. R.S.O. 1990, c. C.12, s. 59 (1); 2001, c. 9, Sched. B, s. 4 (5).
Criteria
(2) An order shall be made under subsection (1) only where the Court is of the opinion that the disposition, encumbrance, sale or payment is necessary or proper for the support or education of the child or will substantially benefit the child. R.S.O. 1990, c. C.12, s. 59 (2).
Conditions
(3) An order under subsection (1) may be made subject to such conditions as the Court considers appropriate. R.S.O. 1990, c. C.12, s. 59 (3).
Limitation
(4) The Court shall not require or approve a disposition or encumbrance of the interest of a child in land contrary to a term of the instrument by which the child acquired the interest. R.S.O. 1990, c. C.12, s. 59 (4).
Execution of documents
(5) The Court, where it makes an order under subsection (1), may order that the child or another person named in the order execute any documents necessary to carry out the disposition, encumbrance, sale or payment. R.S.O. 1990, c. C.12, s. 59 (5).
Directions
(6) The Court by order may give such directions as it considers necessary for the carrying out of an order made under subsection (1). R.S.O. 1990, c. C.12, s. 59 (6).
Validity of documents
(7) Every document executed in accordance with an order under this section is as effectual as if the child by whom it was executed was eighteen years of age or, if executed by another person in accordance with the order, as if the child had executed it and had been eighteen years of age at the time. R.S.O. 1990, c. C.12, s. 59 (7).
Liability
(8) No person incurs or shall be deemed to incur liability by making a payment in accordance with an order under clause (1) (c). R.S.O. 1990, c. C.12, s. 59 (8).
Order for maintenance where power of appointment in favour of children
60. (1) Upon application by or with the consent of a person who has an estate for life in property with power to devise or appoint the property to one or more of his or her children, the Superior Court of Justice may order that such part of the proceeds of the property as the Court considers proper be used for the support, education or benefit of one or more of the children. R.S.O. 1990, c. C.12, s. 60 (1); 2001, c. 9, Sched. B, s. 4 (7).
Idem
(2) An order may be made under subsection (1) whether or not,
(a) there is a gift over in the event that there are no children to take under the power; or
(b) any person could dispose of the property in the event that there are no children to take under the power. R.S.O. 1990, c. C.12, s. 60 (2).