Episode 43
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 2B: Best Interests of the Child (cont’d)
In this episode, Ontario family lawyers continue to discuss new sections added to the Divorce Act, focusing primarily on family violence. This new legislation encompasses aspects of family law matters that were often already taken into consideration by lawyers and the court. That is not to say the changes are not long overdue. The court is now required to examine several factors to make the best decision for the victim and perpetrator, that is ultimately in the best interests of the child.
Show Notes
Previous Episodes
Family Law Now | Ep. 41: Divorce Act Changes; Part 1: Objectives & New Duties
Family Law Now | Ep. 42: Divorce Act Changes; Part 2A: Best Interests of the Child
Next Episodes
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)
Changes to the Divorce Act
Department of Justice for the Government of Canada
Nature, Seriousness and Frequency (Section 16(4)(a), Divorce Act)
Pattern of coercive and controlling behaviour (Section 16(4)(b), Divorce Act)
Child’s experience of family violence (Section 16(4)(c), Divorce Act)
Compromise to safety (Section 16(4)(e), Divorce Act)
Fear for safety (Section 16(4)(f), Divorce Act)
Form 35.1: Affidavit in Support of Claim for Custody or Access
Other relevant factors (Section 16(4)(h), Divorce Act)
Past conduct (Section 16(5), Divorce Act)
Parenting time consistent with best interests of child (Section 16(6), Divorce Act)
Parenting order and contact order (Section 16(7), Divorce Act)
Thank you for tuning in!
