Overall Purpose

• The purpose of the Family Statute Law Amendment Act of 2008 was to amend and repeal provisions from a variety of prior bills relating to family law. Key elements of the amendments in this bill included: The establishment of a new procedure for dealing with pension plans in separation and divorce proceedings; the modification of child support income declarations and other child law amendments; and a provision for temporary restraining orders. The Domestic Violence Protection Act of 2000, which dealt with domestic violence protection measures, was repealed in its entirely by this legislation.
  
  

Spouse Pension Plan Entitlements

• Under the Family Statute Law Amendment Act of 2008, the net value of a spouse's pension plan has to be supplied directly to either spouse requesting the information by the plan's administrators, instead of only the spouse who carried the plan having immediate access. Another provision enacted in this legislation deemed a spouse is entitled to up to half of the other spouse's pension benefits from during the period of the marriage if a court orders the transfer of such funds.
  
  

Child Support and Name Changes

• Child support laws and applications for name changes for children were also impacted by the Family Statute Law Amendment Act of 2008. Someone who pays child support must now supply a financial disclosure statement once a year, and the Family Responsibility Office, the child support enforcement agency in Ontario, can recalculate support for the next year based on the statement. Another provision in the law gave a parent wishing to add his or her surname to a child's name the right to apply for the change in court if the other parent refuses to grant permission.
  
  

Child Custody Requirements

• The provisions in this legislation added mandatory background checks for anyone applying for custody of a child other than the legal parents. The person filing for custody must provide the results of a recent criminal background check and search reports from all children's aid societies, which compose Ontario's network of child welfare agencies. The court clerk is also required to provide any information on current or prior criminal or family court proceedings involving all parties, except the legal parents of the child, to the parties in the custody case.
  
  

Confidentiality of Child Access Records

• The Family Statute Law Amendment Act of 2008 enacted a provision requiring a court to automatically review and decide whether or not an order to limit access to custody and visitation case files must be issued to protect the child and preserve privacy of the parties involved. Additionally, the court must weigh prohibiting publication or making any information public in the court records which could identify someone involved in the proceedings.
  
  

Child Protection Restraining Orders

• Under this act, a child in need of protection that is put into the custody of another person can be automatically granted a restraining order against the threatening party without having to apply for the order separately. The person who was given custody by the court can be given an order immediately as well, if that person has reason to fear the party which poses the threat. Restraining orders granted under these conditions are treated as final and not limited by time.