Please note changes to the Family Law Rules, regarding experts and the child party, have been approved by the Attorney General. The changes will come into effect on September 1, 2019.
NOTICE - CHANGES TO THE FAMILY LAW RULES (O. Reg. 114/99) - EFFECTIVE SEPTEMBER 1, 2019
The definition of “special party” in sub-rule 2(1) has been changed, removing child parties from that definition.
There are new rules on expert opinion evidence – see new rules 20.2 and 20.3– that distinguish between “joint litigation experts”, “litigation experts”, “participant experts” and “court-appointed experts”. There are also new requirements for expert reports.
Joint litigation experts are now required for custody and/or access claims under the Divorce Act or the Children’s Law Reform Act, unless the court orders otherwise.
The court is now required to consider whether a preliminary examination of expert opinion evidence intended to be given on a motion in a child protection case is required in order to determine its admissibility.
The new and amended rules and forms can be found at any of the following sites;
Regular review of these websites is encouraged.