153.1 (1) Any of the following persons may apply to the court to vary or terminate an openness order made under section 145.1 or 145.1.2 after an order for adoption has been made under section 146: 1. An adoptive parent. 2. A person who is permitted to communicate or have a relationship with a child under the order. 3. Any society that supervises or participates in the arrangement under the openness order that is the subject of the application.  2006, c. 5, s. 39; 2011, c. 12, s. 8 (1). Leave (2) Despite paragraph 2 of subsection (1), a person who is permitted to communicate or have a relationship with a child under an openness order shall not make an application under subsection (1) without leave of the court.  2006, c. 5, s. 39. Jurisdiction (3) An application under subsection (1) shall be made in the county or district, (a) in which the child resides, if the child resides in Ontario; or (b) in which the adoption order for the child was made if the child does not reside in Ontario, unless the court is satisfied that the preponderance of convenience favours having the matter dealt with by the court in another county or district.  2006, c. 5, s. 39. Notice (4) A person making an application under subsection (1) shall give notice of the application to every other person who could have made an application under that subsection with respect to the order.  2006, c. 5, s. 39. Child 12 or older (5) A child 12 years of age or more who is the subject of an application under this section is entitled to receive notice of the application and to be present at the hearing, unless the court is satisfied that being present at the hearing would cause the child emotional harm and orders that the child not receive notice of the application and not be permitted to be present at the hearing.  2006, c. 5, s. 39. Child under 12 (6) A child less than 12 years of age who is the subject of an application under this section is not entitled to receive notice of the application or to be present at the hearing unless, (a) the court is satisfied that the child is capable of understanding the hearing and will not suffer emotional harm by being present at the hearing; and (b) the court orders that the child receive notice of the application and be permitted to be present at the hearing.  2006, c. 5, s. 39. Order to vary openness order (7) The court shall not make an order to vary an openness order under this section unless the court is satisfied that, (a) a material change in circumstances has occurred; (b) the proposed order is in the child’s best interests; and (c) the proposed order would continue a relationship that is beneficial and meaningful to the child.  2006, c. 5, s. 39. Order to terminate openness order (8) The court shall not terminate an openness order under this section unless the court is satisfied that, (a) a material change in circumstances has occurred; (b) termination of the order is in the child’s best interests; and (c) the relationship that is the subject of the order is no longer beneficial and meaningful to the child.  2006, c. 5, s. 39; 2011, c. 12, s. 8 (2). Consent of society required (9) The court shall not, under this section, direct a society to supervise or participate in the arrangement under an openness order without the consent of the society.  2006, c. 5, s. 39; 2011, c. 12, s. 8 (3). Alternative dispute resolution (10) At any time during a proceeding under this section, the court may, in the best interests of the child and with the consent of the parties, adjourn the proceedings to permit the parties to attempt through a prescribed method of alternative dispute resolution to resolve any dispute between them with respect to a matter relevant to the proceeding.  2006, c. 5, s. 39. Section Amendments with date in force (d/m/y) 2006, c. 5, s. 39 - 30/11/2006 2011, c. 12, s. 8 (1-3) - 01/09/2011