Thursday, October 4, 2012

All regular child custody orders made under Part III of the CLRA at a Family Court branch location, with the explicit exceptions, are to the Divisional Court

Marchildon v. Beitz 2012 ONCA 668 holds the family law appeal routes “are both confusing and inequitable”. After saying so the Court holds:

 Under the CLRA, all regular child custody orders made under Part III of the CLRA at a Family Court branch location, with the explicit exception of those made under ss. 59 and 60, are appealed under s. 21.9.1 of the CJA. Therefore, an appeal from them lies to the Divisional Court.

1 comment:

Maryellen Symons said...

When will we have a unified family court throughout Ontario and clear, straightforward, fair appeal routes? These confusing and inequitable rules surely are not in the best interests of the children concerned.