A new bill introduced in the House of Commons could bring about the first changes to Canada Divorce Act in more than two decades, dealing with dispute resolution and best interests of children.
On May 22, the federal government introduced Bill C-78, which would change the terminology and the criteria regarding what happens to children during a divorce.
Kathryn McNeil, an associate with the Liddell Law Offices in Edmonton and Boyle, said the changes in terminology includes custody and access.
"Instead of calling it custody and access, it would be called 'parenting orders' and 'parenting time,'", McNeil said. "It makes the wording more neutral, which would, in turn, make decisions more equal in regards to parenting arrangements."
According to a press release from the justice department, the new criteria would set out a list of specific factors a court must consider when looking at a child's best interests, depending on the situation. The release said that it could include the nature, and strength, of the child's relationships with family members, their cultural and spiritual upbringing, as well as their views and preferences.
McNeil added the new changes may also make it more accessible for families.
"Most men, and women, in this type of situation often represent themselves," she said. "The fact of the matter is, it can be very expensive to retain lawyers in each case. The court system can also be very tough on families as a whole, as it can also be very time-consuming to get a resolution through the system."
McNeil said the changes offer a way to divert a family away from a court system if they so choose.
"It would instead offer a variety of mediations," said McNeil. "That would include more programs where spouses can meet with a qualified third party to discuss their differences. That could be professional court mediators, a judge, a lawyer, or even a court clerk."
She said when families go through a mediation process, it makes it all the more valuable when it comes to family resolution.
"It can make reaching a settlement a lot easier," McNeil said. "It will also make the client feel that they have more control and input in making a decision, in contrast to a court order, in which they have almost no input in the decision."
Under the current system, McNeil said one issue that's difficult to mediate is relocation.
"There are lots of factors to consider," she said. "They include the reasons for moving, the impact on the children involved, the amount of time spent with a parent, as well as if the parent has made a reasonable proposal for the other parent to have parenting time."
McNeil described one case where a parent offered Skype time to the other parent twice a month with their eight-month-old child.
"This new law would make parents more generous with each other in terms of reaching a settlement," McNeil said. "Altogether, this legislation changes the focus to what is in the best interest of the children."
According to the release, the bill includes some new guidelines to help courts decide on if the move is in the child's best interests, and should be allowed.
"The legislation also includes the enforcement of child support payments," said McNeil. "It now makes it much easier for authorities to enforce, and collect, each of the payments one parent makes to another."
The release says that in some circumstances, the government would be allowed to release tax information to ensure a child support amount is accurate. But, in keeping with Canada's privacy laws, only certain groups like judges or a maintenance enforcement program, would be allowed to have this information.
