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Changes to the Divorce Act

Bill C-78, An Act to Amend the Divorce Act, came into force on March 1st, 2021. Bill C-78 has four key objectives: promoting the children’s best interests, addressing family violence, helping reduce poverty, and making Canada’s family justice system more accessible and efficient. These amendments represent a long-awaited update to the Divorce Act.

These objectives are especially important now since, due to COVID-19, divorces and protection orders have been delayed due to backlogged court systems, and individuals are experiencing increased poverty due to lost income and wages.

Some of the most notable changes include the following:

  • Instead of using the terms “custody” or “access” parent, the newly amended Divorce Act refers to “parenting time” and “decision making responsibility”.
  • The provision in the old Divorce Act, encouraging maximum contact with both parents was removed, and now more weight is put on any history of family violence, which is broadly defined within the Act.
  • If one parent is seeking permission to move with a child of the marriage, they no longer apply for mobility, but a relocation.

The newly amended Act also puts particular emphasis on parenting plans and family dispute resolution including negotiation, mediation, and collaborative law.

Most importantly, for people currently going through a divorce, there are new duties that must be complied with.

Parties to a Divorce Must:

  1. Exercise responsibilities in the best interests of the child;
  2. To the best of their abilities, protect children from conflict;
  3. Where appropriate, try to resolve matters through family dispute resolution; and
  4. Provide complete, accurate, and up to date information when necessary (this is income and asset disclosure).

These duties apply regardless of if the party is self-represented or not, and it is essential that you comply with the new standards set by the Divorce Act. The family lawyers at Vogel LLP can ensure that you are up to date on changes to legislation and that you comply with all necessary rules of court.

2021-05-28T16:30:12+00:00June 1, 2021|Family Law|
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