Podcast: Family Law Now

Family Law Now | Ep. 43: Divorce Act Changes – Part 2B: Best Interest of Child (cont’d)

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

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.

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Show Notes

Department of Justice for the Government of Canada

Child’s experience of family violence (Section 16(4)(c), Divorce Act)

Physical, emotional and psychological harm or risk of harm to the child (Section 16(4)(d), 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

Steps to prevent further family violence by person engaging in family violence (Section 16(4)(g), Divorce Act)

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)

 


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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.