Old notes keep saying custody and my materials never use the word
Did a family set off a friend's old notes and the explanations all say custody and access. My materials do not use either word anywhere. Is the key wrong or is my reading wrong?
2 replies
Best answer
Neither. The key is old.
1 March 2021 the Divorce Act dropped custody for decision-making responsibility and access for parenting time, and added a contact order for people who are not parents. Ontario amended the CLRA to match, so both statutes read the same way now. Orders made before the change did not have to be reworded, so you will still meet the old language in live orders and in anything written before 2021.
The test did not move. Best interests of the child. What changed is that the factors are written into the statute, s.16(3) of the Divorce Act and s.24(3) of the CLRA, rather than sitting in case law, so a pattern handing you facts can be walked against a list.
One difference between the two statutes that your friend's notes will not have. The CLRA starts from both parents being equally entitled to decision-making. The Divorce Act has no equivalent presumption.
so the key is just from before 2021, that explains all of it. and the CLRA presumption is completely new to me. thank you
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