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Difference between revisions of "Divorce Act Basics"
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→The law about children
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This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all. | This doesn't mean that it is ''always'' best for a child to have an equal or near-equal amount of time with each spouse. It means that the court should give the child as much time with each spouse ''as is consistent with the child's best interests''. That might be an equal or a near-equal amount of time, or it might be every other weekend, or it might be no time at all. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'', judges now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another 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. | |||
===Who can ask for orders about custody and access?=== | ===Who can ask for orders about custody and access?=== | ||
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Joint custody does not always mean that the spouses share the child's time equally or near-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care and upbringing; whether they share the children's time equally or have very unequal amounts of time with the children is another question. | Joint custody does not always mean that the spouses share the child's time equally or near-equally. Joint custody means that both spouses are expected to play a role in raising their children and in making decisions about their care and upbringing; whether they share the children's time equally or have very unequal amounts of time with the children is another question. | ||
Under the | <span style="color:#D2691E">'''Important changes'''</span> <br /> | ||
Under the changes to the ''Divorce Act'', "custody" is now known as ''decision-making responsibility''. | |||
===What rights does access give?=== | ===What rights does access give?=== | ||
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This provision doesn't apply to people who are not spouses and have access to the child under a ''Divorce Act'' order. | This provision doesn't apply to people who are not spouses and have access to the child under a ''Divorce Act'' order. | ||
Under the | <span style="color:#D2691E">'''Important changes'''</span> <br /> | ||
Under the changes to the ''Divorce Act'', access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. | |||
===How are orders for custody and access enforced?=== | ===How are orders for custody and access enforced?=== | ||