Acts and Regulations

F-2.2 - Family Services Act

Section 48
Disposition versions

Full text
Custody agreement between parent and Minister
Repealed: 2023, c.36, s.13
2023, c.36, s.13
48Repealed: 2023, c.36, s.13
1994, c.8, s.7; 2007, c.20, s.4; 2016, c.37, s.66; 2023, c.36, s.13
Custody agreement between parent and Minister
48(1)Where the Minister and the parent of the child enter into a custody agreement the Minister shall allow the parent reasonable access to the child unless the Minister has prohibited access to the child pursuant to section 13.
48(2)A custody agreement between a parent and the Minister may provide for periodic returns of the child to his parent, but any periodic return of the child to his parent shall not be construed as a release or waiver by the Minister of any rights and obligations under the agreement with respect to the custody, care and control of the child.
48(3)The Minister shall not accept the transfer of the custody of a child under a custody agreement for longer than one year, and the child shall not be in the care of the Minister under a custody agreement for longer than one year, unless, in the Minister’s opinion, the extension of the period of care under an agreement is required to meet special needs of the child or to accommodate special circumstances of the parent.
48(4)A custody agreement terminates
(a) where a party to the agreement elects to terminate the agreement and has given thirty days’ notice of termination to the other party;
(b) upon the marriage or death of the child;
(c) upon a guardianship agreement being reached between the Minister and a parent of the child or upon a guardianship order being made; or
(d) when the child reaches the age of majority.
48(5)Repealed: 2007, c.20, s.4
48(6)Repealed: 1994, c.8, s.7
1994, c.8, s.7; 2007, c.20, s.4; 2016, c.37, s.66
Custody agreement between parent and Minister
48(1)Where the Minister and the parent of the child enter into a custody agreement the Minister shall allow the parent reasonable access to the child unless the Minister has prohibited access to the child pursuant to section 13.
48(2)A custody agreement between a parent and the Minister may provide for periodic returns of the child to his parent, but any periodic return of the child to his parent shall not be construed as a release or waiver by the Minister of any rights and obligations under the agreement with respect to the custody, care and control of the child.
48(3)The Minister shall not accept the transfer of the custody of a child under a custody agreement for longer than one year, and the child shall not be in the care of the Minister under a custody agreement for longer than one year, unless, in the Minister’s opinion, the extension of the period of care under an agreement is required to meet special needs of the child or to accommodate special circumstances of the parent.
48(4)A custody agreement terminates
(a) where a party to the agreement elects to terminate the agreement and has given thirty days’ notice of termination to the other party;
(b) upon the marriage or death of the child;
(c) upon a guardianship agreement being reached between the Minister and a parent of the child or upon a guardianship order being made; or
(d) when the child reaches the age of majority.
48(5)Repealed: 2007, c.20, s.4
48(6)Repealed: 1994, c.8, s.7
1994, c.8, s.7; 2007, c.20, s.4
Custody agreement between parent and Minister
48(1)Where the Minister and the parent of the child enter into a custody agreement the Minister shall allow the parent reasonable access to the child unless the child has been placed for adoption or unless the Minister has prohibited access to the child pursuant to section 13.
48(2)A custody agreement between a parent and the Minister may provide for periodic returns of the child to his parent, but any periodic return of the child to his parent shall not be construed as a release or waiver by the Minister of any rights and obligations under the agreement with respect to the custody, care and control of the child.
48(3)The Minister shall not accept the transfer of the custody of a child under a custody agreement for longer than one year, and the child shall not be in the care of the Minister under a custody agreement for longer than one year, unless, in the Minister’s opinion, the extension of the period of care under an agreement is required to meet special needs of the child or to accommodate special circumstances of the parent.
48(4)A custody agreement terminates
(a) subject to subsection (5), where a party to the agreement elects to terminate the agreement and has given thirty days’ notice of termination to the other party;
(b) upon the marriage, death or adoption of the child; or
(c) when the child reaches the age of majority.
48(5)Where a child in care under a custody agreement has been placed for adoption, the agreement shall, notwithstanding any provision of the agreement or of this Act with respect to its expiry or termination, be deemed to continue in full force and effect until such time as adoption proceedings in respect of that child, taken by the person with whom the child was placed for adoption or by the Minister, have been determined; and no act by any party to the agreement to terminate the agreement after the child has been placed for adoption is effective to terminate the agreement.
48(6)Repealed: 1994, c.8, s.7
1994, c.8, s.7