Family Law Rules – RULE 21: REPORT OF CHILDREN’S LAWYER

Angela Princewill

June 28, 2023

Report of Children’s Lawyer

21. When the Children’s Lawyer investigates and reports on decision-making responsibility, parenting time or contact with respect to a child under section 112 of the Courts of Justice Act,

(a) the Children’s Lawyer shall first serve notice on the parties and file it;

(b) the parties shall, from the time they are served with the notice, serve the Children’s Lawyer with every document in the case that involves issues of decision-making responsibility, parenting time, contact, support or education in relation to the child, as if the Children’s Lawyer were a party in the case;

(c) the Children’s Lawyer has the same rights as a party to document disclosure (rule 19) and questioning witnesses (rule 20) about any matter involving issues of decision-making responsibility, parenting time, contact, support or education in relation to the child;

(d) within 90 days after serving the notice under clause (a), the Children’s Lawyer shall serve a report on the parties and file it;

(e) within 30 days after being served with the report, a party may serve and file a statement disputing anything in it; and

(f) the trial shall not be held and the court shall not make a final order in the case until the 30 days referred to in clause (e) expire or the parties file a statement giving up their right to that time.  O. Reg. 114/99, r. 21; O. Reg. 42/21, s. 12; O. Reg. 522/21, s. 7.