Government proposes family law changes
OTTAWA — Justice Minister Jody Wilson-Raybould tabled legislation Tuesday which, if passed, would introduce a number of changes to federal family laws — billed by the Liberal government as the first substantive update for the laws in 20 years.
Updating Canada’s Divorce Act and other long-standing family laws may not have been a centrepiece of the Liberal election campaign in 2015, but Wilson-Raybould says it’s been a personal commitment of hers to heed the calls for Divorce Act reform, which have been echoing for decades. She says individuals and advocates alike have been calling on the government to bring the law up to “modern times.”
The bill proposes more “childfocused” language, which means replacing terms like “custody” and “access” — terms that have long been seen as fostering conflict between parents — with “parenting orders” and “parenting time.” “Shared custody” is a phrase common in divorce-speak, Wilson-Raybould noted, but it’s not always in the best interest of the child.
The proposed legislation would also require courts to take family violence and other factors into account when deciding on parenting arrangements. Judges have long taken the risk of violence into account when making such decisions, of course; the legislation would codify a detailed list of factors for courts to take into consideration.
In some cases, Bill C-78 would permit parties to make an application to the Canada Revenue Agency for more detailed income information when determining the appropriate amount for settlements both in and out of court, and when the time comes to enforce timely child support payments. Wilson-Raybould says her provincial and territorial counterparts have been asking the government to make such information more accessible to help determine appropriate levels of child support.
The proposed changes would include a list of factors that courts must consider when deciding what is in the child’s best interest, such as the physical and emotional safety and well-being of impacted kids.