Provincial Court Family Rules
The PCFR are amended (PDF) to include a new Rule 18.1, "Guardianship Orders." The rule provides that an affidavit in Form 34 must be prepared for guardianship applications, to which must be attached a criminal records check, probably by way of a CPIC printout, as well as records checks from the Ministry for Children and Family Development and the Protection Order Registry. The affidavit required the applicant to disclose:
- his or her relationship to the children of whom guardianship is sought;
- any incidents of family violence affecting the children;
- any involvement in court proceedings under the Child, Family and Community Service Act, the Family Relations Act, the Family Law Act or the Divorce Act concerning children in the applicant's care; and,
- any history of criminal convictions and the existence of any current criminal charges.
You can find a link to the original amendments to the PCFR in my post "Family Law Act: Changes to Rules of Court."
Supreme Court Family Rules
The SCFR are amended (PDF) to include a new Rule 15-2.1, "Guardianship Orders," to the same effect as the PCFR 18.1, with a new affidavit in Form F101.
You can find a link to the original amendments to the SCFR in my post "Family Law Act: Changes to Rules of Court."
Family Law Act Regulation
The Family Law Act Regulation is amended to include a new Form 5, "Consent for Child Protection Record Check," to be used to obtain a record check from the Ministry for Children and Family Development.
You can find a link to the Family Law Act Regulation in PDF format in my post "Regulations to Family Law Act Published."
