FAMILY LAW

BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)

BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)

BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)

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The Government of Canada is still moving forward with Bill C-78 with two amendments and two new regulations. 


The date for the coming into force of most of the provisions in the Divorce Act (the Act) was fixed by order in council as July 1, 2020.


The consultation period will end on April 20, 2020.  Submissions must cite the Canada Gazette, Part 1 and be sent to the Family and Children’s Law and Policy Unit via email:

 fclpu-updfe@justice.gc.ca.

  

Amendments and new regulations can be seen in the Canada Gazette

BILL C-78 - FAMILY LAW & DIVORCE ACT (ONTARIO AMENDMENTS)

BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)

BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)

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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.  


You can view FOLA's submission here

And you can view the  Family Law association for Middlesex here.  


WANT ONLINE TOOLS?  CHECK OUT THESE

FOLA SUBMISSIONS

BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)

MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES

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MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES

MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES

MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES

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UPDATE:  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.

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

CHILD WELFARE REVIEW - MCCSS

MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES

FAMILY LAW ACTION PLAN UPDATES

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In September 2019, 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.

FAMILY LAW ACTION PLAN UPDATES

MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES

FAMILY LAW ACTION PLAN UPDATES

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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.

UNIFIED FAMILY COURTS

BONKALO REPORT - BACKGROUND

BONKALO REPORT - BACKGROUND

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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. 

BONKALO REPORT - BACKGROUND

BONKALO REPORT - BACKGROUND

BONKALO REPORT - BACKGROUND

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.

USEFUL TOOLS AND LINKS

ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT

ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT

ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT

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The Ontario Family Law Limited Scope Services Project’s website (funded by a grant from the Law Foundation of Ontario) has been designed to improve access to family justice for middle and lower income Ontarians by increasing the use of limited scope retainers, legal coaching and summary legal counsel in family law matters.


On the site, you can find resources for family lawyers and other useful Information.

FAMILY COURT FORMS TOOL

ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT

ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT

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MAG is 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). 


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.

FILE A DIVORCE APPLICATION ONLINE

ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT

FILE A DIVORCE APPLICATION ONLINE

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In Ontario, you can apply to the Ontario Superior Court of Justice for a divorce.

You can file online for a::

  • joint divorce – you and your spouse apply for a divorce and any other court orders together because you both agree to a divorce and on all other family law matters (such as parenting, spousal support or division of property)
  • simple divorce – you apply for a divorce on your own because you and your spouse can’t agree to a divorce and you’re not asking for any other court orders


Before you submit your online application, make sure you qualify and have all of the required documents.

FOLA & OTHER ASSOCIATION SUBMISSIONS

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FOLA’S SUBMISSION TO MAG ON AMENDMENTS TO THE DIVORCE ACT - Jan 16 2020

FOLA’s SUBMISSIONS TO MAG's CONSULTATION TO REVIEW FAMILY LEGISLATION, REGS & PROCESSES - July 2019

FOLA’s RESPONSE TO LSO’s ACCESS TO JUSTICE COMMITTEE - : Friday May 31, 2019

FOLA's FAMILY LAW COMMITTEE RESPONSE TO FAMILY LEGAL SERVICES REVIEW - May 23, 2017

FOLA's PARALEGAL COMMITTEE RESPONSE TO FAMILY LEGAL SERVICES REVIEW - May 25, 2017

FOLA's RESPONSE TO THE CONSULTATION ON EXPANDING LEGAL SERVICES - April 28, 2016

MORE FAMILY LAW INFORMATION

FAMILY CLAIMS ONLINE SERVICE UPDATE

On February 25, 2019, the Family Claims Online service was expanded to enable Ontarians to initiate simple divorce applications online at any time. The existing joint divorce online filing process has also been enhanced to permit property claims on consent. 


The service will continue to allow users to pay court fees online securely by credit or debit card and enable users to create profiles in order to save filings in progress and view the history of their filings.


This expansion follows the successful province-wide launch of the service in November 2018.