Is an access order made in a divorce with respect to a child related to an adoption application enforceable?

Ontario, Canada


The following excerpt is from Re Proposed Adoption of G.K., 2003 CanLII 64215 (ON CJ):

[11] The issue of the effect of an existing access order on an adoption application and the issue of the effect of an adoption order on an existing access order are issues with which various courts have grappled in the past. In North v North,[2] the court concluded that an access order made in a decree of divorce survived a subsequent adoption of the child to whom the access related. In Ramcharitar v. Ramcharitar and Jagam,[3] Provincial Associate Chief Judge Robert J.K. Walmsley continued access after adoption and emphasized that access had different implications in family or relative adoptions.

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