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Difference between revisions of "The New Divorce Act"
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* divide parenting time between spouses, | * divide parenting time between spouses, | ||
* divide or share decision-making responsibilities between spouses, and | * divide or share decision-making responsibilities between spouses, | ||
* specify how spouses communicate with each other. | * specify how spouses communicate with each other, | ||
* require that a spouse's time with the children be supervised, | |||
* require that the spouses used mediation, collaborative negotiation or arbitration to resolve any disagreements, and | |||
* prohibit the relocation of a child. | |||
More on relocation in a bit. | |||
Any person can apply for a contact order. Contact orders may: | |||
* say when the person can spend time with the children, | |||
* specify how the person can communicate with the children, and | |||
* prohibit the person from removing the children without the consent of a spouse. | |||
===The Best Interest of the Child and Family Violence=== | |||
The best interests of the children are the only consideration that the court can consider when making parenting orders. That's what the current ''[[Divorce Act]]'' says, but when the changes become law, the court will be required to "give primary consideration to the child’s physical, emotional and psychological safety, security and well-being" in deciding what is in the best interests of the children, bearing in mind a long list of factors. These factors include: | |||
* the children’s needs, | |||
* the children’s relationship with the spouses, any brothers or sisters, grandparents and “any other person who plays an important role in the child’s life,” | |||
* the spouses’ willingness to support the children’s relationship with the other spouse, | |||
* the children’s views and preferences, | |||
* the children’s cultural and linguistic heritage, | |||
* the ability of each person to care for and meet the needs of the children, | |||
* the ability of the spouses to communicate and cooperate with each other, and | |||
* the presence of family violence. | |||
"Family violence" is defined in the new Act to include physical abuse, sexual abuse, threats of harm to persons, pets and property, harassment, psychological abuse, and financial abuse. Where family violence is a factor, the court must think about another list of factors, including: | |||
* the seriousness and frequency of the family violence, | |||
* whether there is a pattern of coercive and controlling behaviour, | |||
* the extent to which the family violence is directed to a child, or to which a child is exposed to family violence, | |||
* the risk of harm to the children, and | |||
* any steps taken by the person who has been violent to prevent further family violence and improve their ability to care for the children. | |||