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The Grandparent Access and Other Amendments Act (Child and Family Services Act Amended)

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S.M. 2006, c. 30

Bill 9, 5th Session, 38th Legislature

The Grandparent Access and Other Amendments Act (Child and Family Services Act Amended)

(Assented to December 7, 2006)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C80 amended

1           The Child and Family Services Act is amended by this Act.

2(1)        The following is added after subsection 77(1):

Interim order

77(1.1)     The court may make an interim order with respect to an application under subsection (1).

Review of order

77(1.2)     An order under this section may require the parties to return after a specified interval to the court making the order for a review of the provisions of the order.  Upon review the court may vary or terminate the order.

2(2)        Clause 77(2)(c) is replaced with the following:

(c) the child, if the child is 12 years of age or older;

3(1)        Subsection 78(1) is replaced with the following:

Access — purpose of section

78(1)       The purpose of this section is

(a) to facilitate relationships between children and their grandparents and other family members, when those relationships are in the child's best interests;

(b) to recognize, on applications by grandparents for access, that children can benefit from a positive, nurturing relationship with their grandparents; and

(c) to recognize that in exceptional circumstances children can benefit if non-family members are given access.

Access application by grandparent or other family member

78(1.1)     Subject to subsection (6), a grandparent, step-parent or other member of a child's family who does not have a right to apply for access to the child under any other provision of this Act or under a provision of another Act may apply to court for access to the child.

3(2)        Subsection 78(3) is replaced with the following:

Notice

78(3)       The person applying under subsection (1.1) or (2) shall give 10 days' notice of the hearing of the application to

(a) the parents of the child;

(b) the guardian of the child;

(c) the child, if the child is 12 years of age or older;

(d) any person with access to the child under an order of any court; and

(e) any other person that the court directs.

3(3)        The following is added after subsection 78(3):

Court may reduce or dispense with notice

78(3.1)     Subsection 77(3) applies, with necessary changes, where notice is required under subsection (3).

3(4)        Subsection 78(4) is replaced with the following:

Access order

78(4)       On an application under this section, a judge may make an order granting an applicant access to a child in such manner, at such times and subject to such conditions as the judge considers to be in the best interests of the child, as determined in accordance with subsection (4.2).

3(5)        The following is added after subsection 78(4):

Access provisions

78(4.1)     An order for access may include, but is not limited to, provisions requiring that

(a) the child spend specified periods of time, with or without supervision, with the applicant;

(b) the child have the opportunity to have the applicant attend specified activities of the child;

(c) the child be able to receive gifts from, or send gifts to, the applicant, directly or indirectly;

(d) the child be able to receive communications from, or send communications to, the applicant, directly or indirectly, whether orally, in writing, or by another means of communication; or

(e) a specified person provide the applicant with pictures of the child and information about the child's health, education and welfare.

Child's best interests

78(4.2)     In making an order for access under this section, in addition to considering the best interests criteria set out in subsection 2(1), the court shall consider all relevant matters, including

(a) the mental, emotional and physical needs of the child;

(b) the nature of any pre-existing relationship between the applicant and the child; and

(c) where the application is made by a grandparent, that a child can benefit from a positive, nurturing relationship with a grandparent.

3(6)        The following is added after subsection 78(5):

Interim order

78(5.1)     The court may make an interim order with respect to an application under this section, and the provisions of this section apply, with necessary changes, to the interim order.

3(7)        Subsection 78(6) is amended by striking out "subsection (1)" and substituting "subsection (1.1)".

3(8)        Subsection 78(7) is amended by striking out "subsection (4) or (5)" and substituting "this section,".

3(9)        The following is added after subsection 78(7):

Review of order

78(8)       An order under this section may require the parties to return to the court after a specified interval for a review of the provisions of the order, and upon review the court may vary or terminate the order.

4           Section 80 is amended by renumbering it as subsection 80(1) and adding the following as subsection 80(2):

Interim order

80(2)       The court may make an interim order with respect to an application under subsection (1).

Coming into force

5           This Act comes into force on the day it receives royal assent.