Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"
Jump to navigation
Jump to search
Nate Russell (talk | contribs) (From staging June 2022) |
Nate Russell (talk | contribs) |
||
| Line 178: | Line 178: | ||
==The ''Divorce Act''== | ==The ''Divorce Act''== | ||
Before March 2021, the ''[[Divorce Act]]'' did not mention family violence. The new amendments changed that, and | Before March 2021, the ''[[Divorce Act]]'' did not mention family violence. The new amendments changed that, and now a broad definition of family violence is included which is more similar to how the ''Family Law Act'' treats it. | ||
Since March 2021, judges | Since March 2021, judges take a long list of best-interests factors into consideration when making decisions about children. The factors include things like: | ||
* the history of the children's care | * the history of the children's care | ||
| Line 187: | Line 187: | ||
* the extent to which each spouse will support the children's relationship with the other spouse. | * the extent to which each spouse will support the children's relationship with the other spouse. | ||
Family violence is another important factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence. | Family violence is another important factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence. Since the amendments, judges are now usually required by section 7.8(1) to consider civil protection and child protection orders when making orders dealing with children or support under the ''Divorce Act''. This means a judge can review available files or ask questions to make sure that their own orders are made in coordination with any existing protection orders. | ||
Both | Both the ''Family Law Act'' and the ''Divorce Act'' now require the court to consider the impact of coercive control and family violence when making decisions about children, something that the ''Divorce Act'' did not used to require. And because family violence is significantly harmful to children who witness it, the new ''Divorce Act'' now clarifies that exposing a child to acts of family violence against someone else is family violence against the child. | ||
Another benefit of the amendment to the ''Divorce Act'' is that the victims of family violence no longer have to establish proof beyond a reasonable doubt to prove their abuse. | Another benefit of the amendment to the ''Divorce Act'' is that the victims of family violence no longer have to establish proof beyond a reasonable doubt to prove their abuse. | ||