Welcome Changes to the federal Divorce Act
The opening of a new decade brings with it many reforms to the legislation as it relates to custody and access provisions of children for children of marriages that have ended with separation.
These long awaited amendments to overhaul legislation that has long been viewed as being archaic is a breath of fresh air for Family Law Counsel.
The goal is to remove language that has long created conflict for separated families embroiled in disputes about their children. Custody and access will be replaced with language that is more conducive to settlement describing parents responsibilities to their children to ensure that children are no longer viewed as property of one spouse over another.
The legislation imposes a duty on parties to attempt participation in alternative forms of dispute resolution(“ADR”) rather than engaging in combative litigation that usually has adverse effects on children being exposed to adult conflict. This will allow parties to communicate more effectively with each other a key requirement in the effective co-parenting is children of separated families.
It is recognized however that it is not a “one size fits all” regime and ADR is not suitable for all families especially those where there is a balance of power or the existence of family violence.
The Legislation looks to provide more insight and clarification as to determining the factors for what is in the “best interest of your child.” The focus now is similar to the provincial legislative framework looking at other factors to take into account such as the age and stage of development of a child, their views and presences if they can be obtained, their relationship with each parent, the ability of the other parent to encourage and facilitate the child’s relationship with the other parent amongst other things.
A move to a presumption of shared equal parenting was rejected at the Committee stage. This confirms that parenting regimes for separated families must be tailored to each individual family’s needs and wants. A catch all provision cannot and will not work and it must be dependent on the circumstances of each family.
The language of quantum of parenting time has been expanded however, such that a new section has been introduced section 16(6), which specifies that in “allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.”
Many of these changes do not take effect until July 2020 however at Feeley O’Brien Law we remain committed to providing the appropriate advice based on the legislative framework in place to find a parenting regime that remains in the best interest of your child. Contact us today to discuss these and other changes being made to the legislation and the various options available to you and your family.