Presented at the 2019 OBA Institute

  • 30 mars 2019
  • Shmuel Stern

Bill C-78: Proposed Changes to Divorce Act

#familylaw

In May 2018, the Federal government laid out proposed changes to the Federal Divorce Act, including legislating a child-centred list of factors for the Best Interests of the Child test, including the child’s views and preferences.

Read More: http://www.parl.ca/DocumentViewer/en/9874979 

CAS Records

#childwelfare #privacy

CAS records remain in the control of the CAS and cannot be accessed via FIPPA request on Ministry of Children and Youth Services.

- Ontario (Community and Social Services) (Re), 2018 CanLII 69585 (ON IPC)

Read More: http://canlii.ca/t/ht6zs

Child Abduction

#familylaw

The SCC endorsed the use of an expansive ‘hybrid approach’ to determine “habitual residence” under the Hague Convention on Child Abduction (1980), considering all relevant factual links between the child and both jurisdictions. 

- Office of the Children's Lawyer v. Balev, 2018 SCC 16  

Read More: http://canlii.ca/t/hrlfk