Episode 10: Season 1 Closing: Upcoming Changes to the Divorce Act

You are in for a solo episode with Darlene to close off the first season of this show.  

In this episode, she will be reviewing some of the legislative changes to  the Divorce Act, coming into effect on March 1st 2021. These changes aim to promote the best interest of the child.  When a court determines the best interest of the child, the  Divorce Act now requires judges to consider a list of best interest of the child factors.  Darlene will review this list in order to assist parents in interpreting the factors that will be considered by the court in making parenting orders  (custody & access orders).  

 

Factors to be considered

(3) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including

(a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

(b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

(c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

(d) the history of care of the child;

(e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

(f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

(g) any plans for the child’s care;

(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

(i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;

(j) any family violence and its impact on, among other things,

1. the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
2. the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and

(k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

 

 Quote:

“Children don’t track the amount of time they spend with each parent by days or percentage. What they remember are the experiences. “  - Darlene Rites

 

Here are what we talk about:

• The purpose of the changes in the Divorce Act
• Presumption of equal shared parenting
• When shared parenting is not appropriate
• What changed: the list of best interest of the child factors
• Child’s relationship with grandparents and siblings
• Positive obligation on parents to support a child’s relationship with the other parents 
• Role of the status quo
• Child’s views and preferences
• Promoting a child’s cultural identity
• The importance of having a plan for the care of your child 
• The role of communication and cooperation for parents
• The impact of family violence on parenting orders 

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Ferreira & Bettencourt, LLP

Email: [email protected]