Episode 42
Changes to the Divorce Act were implemented on March 1, 2021. We’ve broken down the federal legislation into a six part series due to the quantity of important changes implemented. We hope to provide helpful dialogue for parties involved in family law matters and professionals in the family justice system to understand the changes.
Part 2A: Best Interests of the Child
In this episode, Russell Alexander is joined by associate family lawyers Margie Primero-Pimentel, Michelle Mulchan, and Alex De Melo to review and reflect on the new legislation regarding best interests of the child. They each bring unique perspective to the conversation with stories about their own clients, concerns about logistics, and potential for future outcomes.
Previous Episode
Family Law Now | Ep. 41: Divorce Act Changes; Part 1: Objectives & New Duties
Next Episodes
Family Law Now | Ep. 43: Divorce Act Changes; Part 2B: Best Interest of Child (cont’d)
Family Law Now | Ep. 44: Divorce Act Changes; Part 3A: Mobility and Jurisdiction
Family Law Now | Ep. 45: Divorce Act Changes; Part 3B: Mobility and Jurisdiction (cont’d)
Show Notes
Department of Justice for the Government of Canada
Best interests of the child (Section 16(1), Divorce Act)
Child’s needs (Section 16(3)(a), Divorce Act)
Nature and strength of child’s relationships (Section 16(3)(b), Divorce Act)
Supporting the child’s relationship with other spouse (Section 16(3)(c), Divorce Act)
History of care (Section 16(3)(d), Divorce Act)
Child’s views and preferences (Section 16(3)(e), Divorce Act)
Justice Pazaratz’ thoughts on child’s views and preferences, p. 36
Plans for child’s care (Section 16(3)(g), Divorce Act)
COVID-19: First Emergency Child Access Case Decision from the SCJ
What Family Judges Can Learn From Pornography
Ability and willingness (Section 16(3)(h), Divorce Act)
Family violence (Section 2(1), Divorce Act)
Civil or criminal proceedings (Section 16(3)(k), Divorce Act)
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