Penticton Herald

QUICKFACTS

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OTTAWA — Five things to know about legislatio­n tabled Tuesday which, if passed, would introduce changes to federal family laws: Why now? Justice Minister Jody Wilson-Raybould says it’s been a personal commitment of hers for a while 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.” Words matter. The bill proposes more “child-focused” 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 the goal if it’s not in the best interest of the child. Clear and present danger. The legislatio­n being proposed by the Liberal government 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. Taking take-home pay into account. In some cases, Bill C-78 would permit parties to apply 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. Think about the children. The proposed changes would include a list of factors that a court must consider when deciding what would be in the child’s best interest.

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