A New Era in Family Law: Amendments to the Divorce Act

A New Era In Family Law: Amendments To The Divorce Act

On March 1, 2021, amendments to the Divorce Act came into force. It had been almost two decades since there had been such significant changes to federal Family Law^[1].

Why was a change necessary?

As a fundamental legal principle in family law, it was essential to put the best interests of the child first^[2]. The Divorce Act was flawed in that there were no clear guidelines for the courts as to a child’s best interests. Today, the Divorce Act now lists the main criteria to be considered in assessing the best interests of children. To name a few:

• the needs of the child, including his or her need for stability;
• his or her views and preferences (based on age and maturity);
• his or her social and cultural background,
• the presence or absence of family violence, etc.,

are all to be considered, amongst others.

Thus, the goal is to protect children from conflict,^[3] and to promote alternative dispute settlement and cooperation between parents^[4].

The main changes

There were many changes but let us highlight the essential ones.

First and foremost, there has been a significant change in the terminology used in the Act to adopt words that are less confrontational and promote the interests of children^[5]. For example, the term "custody" has been changed to "parenting time"^[6] and the term "custody order" has been changed to "parenting order."

In addition, the Divorce Act defines "decision-making responsibility" as the involvement of parents in making important choices in their children's lives, such as care or school choice.

Also, the Divorce Act introduces a regime for resolving disputes in the event of a relocation or a change in place of residence[7].

Thus, while one of the objectives of the amendments to the Act was to combat family violence[8], the Divorce Act now includes a definition of family violence[9]. Specifically, the Divorce Act defines ”family violence” as violence to which a child is directly or indirectly exposed.

Finally, the Divorce Act now requires lawyers or other legal advisors to encourage dispute resolution processes, such as mediation,[10] and to promote agreement or reconciliation between the spouses[11].

Do not hesitate to consult a lawyer from our Family Law team who will accompany you through all the stages of a divorce.

Me Jessica Zegarelli

With the collaboration of Leila Mahi-Bahi

Alepin Gauthier Avocats Inc.

This text contains legal information of a general nature and should not replace legal advice with a lawyer or notary who will take into account the particularities of your situation.