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Section 112 Courts of Justice Act


RSO CHAPTER C.43
as amended by SO 1994, c.27, s.43 etc.


Investigation and report of Children's Lawyer

112.--(1) In a proceeding under the Divorce Act (Canada) or the Children's Law Reform Act in which a question concerning custody of or access to a child is before the court, the Children's Lawyer may cause an investigation to be made and may report and make recommendations to the court on all matters concerning custody of or access to the child and the child's support and education. R.S.O. 1990, c.C.43, s.112 (1); 1994, c.27, s. 43 (2).

Idem

(2) The Children's Lawyer may act under subsection (1) on his or her own initiative, at the request of a court or at therequest of any person. R.S.O. 1990, c. C.43, s. 112 (1,2);1994, c. 27, s. 43 (2).

Report as evidence

(3) An affidavit of the person making the investigation, verifying the report as to facts that are within the person's knowledge and setting out the source of the person's information and belief as to other facts, with the report attached as an exhibit thereto, shall be served on the parties and filed and on being filed shall form part of the evidence at the hearing of the proceeding. R.S.O. 1990, c. C.43, s. 112 (3).

Attendance on report

(4) Where a party to the proceeding disputes the facts set out in the report, the Children's Lawyer shall if directed by the court, and may when not so directed, attend the hearing on behalf of the child and cause the person who made theinvestigation to attend as a witness. R.S.O. 1990, c. C.43, s.112 (4); 1994, c. 27, s. 43 (2).