small judge gavel placed on table near folders

Divorce Act Changes

Bill C-78, a revamp of the Divorce Act was tabled in the House of Commons.  The new proposed act focuses changes relating to children.

First, the bill drops terms like “custody” and “access” and instead refers to “parenting orders” and “parenting time”.  The intent of the legislation is to reduce conflict by making legal decisions on parenting arrangements without stigma relating to the “custodial parent” and “access parent” labels.

Second, the bill reaffirms the “best interest of the child” test, but ensures the court would consider additional factors aimed at focusing on the child’s physical, emotional and psychological safety and wellbeing.

Third, the bill sets out factors a court will consider during relocation disputes which are often fact driven and unpredictable.

The Canadian Bar Association supports Bill C-78.

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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