Ontario Attorney General Chris Bentley announced today in a news release that changes in family law are coming.
The new Family Statute Amendment Act* received royal assent on May 14, 2009, and will come into force on March 1, 2010. This change is part of the McGuinty government’s efforts on justice reform.
While the Act doesn’t contain sweeping changes to the Ontario family law system, it aims to enhance efficiency in the family law courts.
Highlights of the changes include the following:
- New sections of the Pension Benefits Act provide for the valuation, for family law purposes, of the benefits and entitlements of members and former members of pension plans and for the division of their benefits and entitlements for certain family law purposes.
- Amendment of the definition of “net family property” in the Family Law Act specifies that debts and other liabilities to be excluded from the calculation of the value of property owned by a spouse on the valuation date include any contingent tax liabilities in respect of the property. The definition is also amended to exclude from the calculation of the value of property owned by a spouse on the date of marriage those debts that are directly related to the acquisition or significant improvement of a matrimonial home.
- The Children’s Law Reform Act is amended with a new section that permits a court to change a child’s surname in accordance with the Vital Statistics Act where an order has been made under the Act declaring someone to be the mother or father of the child.
- The Child and Family Services Act is updated to permit the court, while issuing a custody order, to make a restraining order without requiring a separate application.
*S.O. 2009, c. 11
