Bill C-340
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-340 |
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An Act to amend the Divorce Act (right of
spouses' parents to access to or custody
of child)
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| R.S., cc. 3, 27
(2nd Supp.);
1990, c. 18;
1992, c. 51;
1993, cc. 8,
28; 1997, c. 1
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1. (1) Subsection 16(3) of the Divorce Act
is replaced by the following:
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| Application
by other
person
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(3) A person, other than a spouse or a parent
of a spouse , may not make an application
under subsection (1) or (2) without leave of the
court.
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(2) Subsections 16(9) and (10) of the Act
are replaced by the following:
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| Past conduct
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(9) In making an order under this section,
the court shall not take into consideration the
past conduct of any person unless the conduct
is relevant to the ability of that person to act in
the best interests of the child.
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| Maximum
contact
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(10) In making an order under this section,
the court shall give effect to the principle that
a child of the marriage should have as much
contact with each spouse and each parent of a
spouse as is consistent with the best interests
of the child and, for that purpose, shall take
into consideration the willingness of the
person for whom custody or access is sought
to facilitate such contact.
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2. (1) Subsection 17(2) of the Act is
replaced by the following:
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| Application
by other
person
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(2) A person, other than a former spouse or
a parent of a spouse, may not make an
application under paragraph (1)(b) without
leave of the court.
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(2) Subsection 17(9) of the Act is replaced
by the following:
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| Maximum
contact
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(9) In making a variation order varying a
custody order, the court shall give effect to the
principle that a child of the marriage should
have as much contact with each former spouse
and each parent of a spouse as is consistent
with the best interests of the child and, for that
purpose, where the variation order would
grant custody of or access to the child to a
person who does not currently have custody or
access , the court shall take into consideration
the willingness of that person to facilitate such
contact.
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| Review after
three years
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3. (1) On the expiration of three years
after the coming into force of this Act, its
provisions shall be referred to such
committee of the House of Commons, of the
Senate or of both Houses of Parliament as
may be designated or established for that
purpose.
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| Report
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(2) The committee designated or
established for the purpose of
subsection (1) shall review the provisions
and operation of this Act and, within six
months after the review is undertaken or
within such further time as the House of
Commons may authorize, shall submit a
report to Parliament thereon, including
such recommendations pertaining to the
continuation of those provisions and
changes required therein as the committee
may wish to make.
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