Divorce Act Changes Sought

It has been almost 33 years since a major overhaul of the Divorce Act.  The Federal government has focused to date on criminal law reforms, however, family law experts from across Canada have met with the parliamentary secretary to the Minister of Justice, Toronto MP Marco Mendicino.

Time for archaic Divorce Act to be updated

While it is unknown what the current government is planning, there is speculation that the updates could involve the following changes:

  • specified factors when parents seek to relocate (so called “mobility” applications);
  • clear guidance about the “Best Interests of the Child(ren)” test;
  • changes to child support in shared residency situations to reduce conflict;
  • legislative support for the Unified Family Court system;
  • change in terms away from “custody and access” to “residency time” and “parenting time”.

Moreover, provinces such as British Columbia have expanded rights for common law couples.

Common-law couples as good as married in B.C.

Would such reforms be aimed at providing easier paths for unmarried couples to make property claims?

Time will tell.

If legislation does change, and depending on the changes and transitional provisions contained in the legislation, the amendments to the Divorce Act may affect those currently separating and anyone that has an existing agreement or Order.

Stay tuned.

If you have questions about your rights and obligations relating to your Divorce, or custody and access dispute contact Windsor family law lawyers Mary Fox, Tanya McNevin or Thomas MacKay today by calling 519-259-1820.   We serve clients in Windsor, Tecumseh, Lasalle, Essex, Leamington, Kingsville, Belle River, Lakeshore, and throughout southern Ontario.

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