FAMILY LAW - EXPANDING LEGAL SERVICE OPTIONS

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CALL FOR SUBMISSIONS - FAMILY LAW & DIVORCE ACT

Ontario's Attorney General is closely reviewing Bill C-78 (the federal Divorce Act)  to determine how it will impact Ontario’s family justice system, and what changes may need to be made in preparation for Bill C-78 coming into force.  As such, the Ministry is seeking input from Ontario's lawyers on how Ontario should align with some of the recent amendments made in Bill C-78, such as: 

• changing references to child "custody” and “access”;
• adding new requirements in relation to family dispute resolution processes;  
• amending/expanding the best interests of the child test;
• adding a new definition in relation to family violence; and/or
• adding a legislative test to apply in child relocation cases.

Bill C-78 may be viewed on the Parliament of Canada website at: 

https://www.parl.ca/legisinfo/BillDetails.aspx?billId=9868788&Language=E. 

You can view FOLA's submission here.

The deadline to file a submission has passed.

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ADVICE AND SETTLEMENT COUNSEL PROGRAM 

Information for Participating Family Lawyers

The new Advice and Settlement Counsel’s (ASC) program  provides family lawyers who can assist self-represented litigants (litigants) on a limited scope services retainer on the day of their family court attendance. These lawyers can provide summary legal advice and in-court assistance. This can include helping litigants to manage their way through the event, providing advice regarding potential settlements, and preparing “to do” lists so that the litigant understands what steps need to be taken next. 

The goal of this program is to provide affordable help to self-represented litigants.

The roster of ASC lawyers (all have experience in family law and have completed the mandatory training) is managed by local members of the ASC project committee. If you are a family lawyer and are interested in joining the roster, please contact 393asc@capyfamilylaw.com.

Click here to download the 393ASC Panel application.

CHILD WELFARE REVIEW - MINISTRY OF CHILDREN, COMMUNITY, AND SOCIAL SERVICES

In September, the Associate Minister of Children and Women’s Issues, Jill Dunlop, announced the launch of an engagement with youth, families, caregivers, frontline workers and child welfare sector leaders to strengthen the child welfare system for children and youth. 

FOLA continues to monitor this and will notify members of any amendments.

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MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES

During June and July 2019, Lindsey Park, MPP and Parliamentary Assistant to the Attorney General,  led a review of Family and Civil Legislation, Regulations, and Processes.  In addition to hosting consultation sessions across the province, the government accepted written submissions.

You can read FOLA's submission here.

And you can read the TLA's Proposals for Family Law Reform here.

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FAMILY LAW ACTION PLAN

Since the Family Law Action Plan was approved in December 2017, the Law Society has carried out a significant amount of work in the development of a licensing framework that will permit paralegals and others to assist the public with certain family legal services. The Family Law Working Group—a bencher group established by Convocation—is responsible for overseeing the development of the licence.

The first step in building the licensing framework is the determination of the scope of permissible activities. Consultation has been key to the development of that scope, which is ongoing.

For our most recent report, read our May 2019 Plenary Report on Family Law.

UPDATE - Unified Family Courts 

On May 13, 2019, Ontario's Attorney General announced 12 new judicial appointments to support UFC expansion to eight new sites: Belleville, Cayuga, Kitchener, Pembroke, Picton, Simcoe, St. Thomas, and Welland. Unified Family Courts now exist in 25 jurisdictions, which means more than half of the province’s population can now attend one court to resolve all their family law issues.

FAMILY CLAIMS ONLINE SERVICE UPDATE - February 25, 2019 (see below)

Guided Pathways to Family Court Forms

The ministry is also pleased to share that Community Legal Education Ontario’s Guided Pathways to Family Court Forms tool continues to expand.

In addition to helping users complete the forms required to apply for a simple or joint divorce and file a separation agreement with the court, the tool now leads users through many forms required to apply for corollary relief, including custody, access, support, property division, and a restraining order (with or without a divorce claim). To learn more, visit https://www.cleo.on.ca/en/projects/guided-pathways-family-court-forms.

Family Claims Online and Guided Pathways are complementary online services that aim to strengthen the Ontario family justice system by making it more efficient and easier to use.

Instructions for setting up your ONe-key and Justice Services Online accounts.

Ontario's Law Society is implementing the Family Law Action Plan to improve access to justice for Ontario families.   

BACKGROUND - BONKALO REPORT

In 2016, Ontario's Attorney General and the Law Society of Ontario Canada asked Justice Annemarie Bonkalo to undertake a consultation to "Expand Legal Service Options for Families". Included in this consultation was a proposal to allow paralegals and other legal service providers, such as law students or law clerks, to deal with certain family matters.  The Ministry consultation page can be accessed at this link.  

Justice Bonkalo's report was released to the public in February of 2017.

Upon receipt of the "Bonkalo Report", the Law Society undertook a consultation to solicit the views of stakeholders on the 21 recommendations made in the report. 

Our responses can be found in the reports provided by our Family Law Committee and Paralegal Committee.