QUICKFACTS
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.