Difference between revisions of "The New Divorce Act"

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==Parenting After Separation==
==Parenting After Separation==
When spouses separate, they have to make decisions about how they'll care for the children.


===Parenting Orders and Contact Orders===
===Parenting Orders and Contact Orders===
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* any steps taken by the person who has been violent to prevent further family violence and improve their ability to care for the children.
* any steps taken by the person who has been violent to prevent further family violence and improve their ability to care for the children.


==Moving Away==
The changes to the ''[[Divorce Act]'' will also talk about what happens when a spouse wants to move away from the other spouse, with or without the children. The rules change depending on whether the move qualifies as a "relocation."
<blockquote>'''Relocation''' means a change in the residence of a child or spouse that may have a “significant impact” on the child’s relationship with a spouse or a person with contact.</blockquote>
Since not all moves will cause this sort of "significant impact," the Act distinguishes between moves that qualify as "relocations" and those which don't.
===Moves that Aren't Relocations===
When a person who has parenting time or decision-making responsibility wants to move, and the move ''will not'' have a significant impact on the children’s relationship with a spouse or a person with contact, the person must give notice of the intended move to anyone else who has parenting time, decision- making responsibility or contact. The notice must:
* be in writing,
* state the date of the move, and
* state the address of the new place of residence and any other contact information for the person and the children.
===Moves that Are Relocations===
Things get more complicated when the move ''will'' have a significant impact on the children’s relationship with a spouse or a person with contact. In cases like this, the person who is planning to relocate, with or without the children, must give at least 60 days’ notice to anyone else who has parenting time, decision-making responsibility or contact. The notice must:
* be in writing,
* state the date of the proposed relocation,
* state the address of the proposed new place of residence and any other contact information for the person and the children, and
* provide a proposal as to how parenting time, decision-making responsibility or contact may be exercised.
A person with parenting time or decision-making responsibilities who gets this notice may object to a proposed relocation. To object, the person must file a court application within 30 days of getting the notice. ''Someone who only has contact is not entitled to object to the relocation.''
If someone with parenting time or decision-making responsibilities doesn't object, then the person who wants to relocate may move as long as there is no earlier order that says the person can't move.
If someone with parenting time or decision-making responsibilities objects in time, however, the new ''[[Divorce Act]]'' sats that the court must consider certain factors in deciding whether to allow the move or not. The court must think about:
* the reasons for the relocation,
* the impact of the relocation on the children,
* the time the children have with each person who has parenting time with them,
* whether the relocating person has complied with the notice requirement,
* whether each party has complied with any obligations under other family law legislation, like the ''[[Family Law Act]]'', an award or an order, and
* the reasonableness of the person's proposal about to how parenting time, decision-making responsibility or contact may be exercised after the move.
That's a little complicated. But it gets worse. The Act also says who has the job of proving that the move should happen or not, and this will change depending on the circumstances:
* if the parties have “substantially equal” time with the children, the person who wants to move has to prove that the relocation is in the best interests of the children,
* if the relocating party has the child for the “vast majority" of the children’s time,” the person objecting to the move has to prove that the relocation is not in the best interests of the children lies,
* in cases falling in the mid-range between these extremes, both parties have the burden of proof.
The problem is that we don't have a definition of what "substantially equal" means, or of what "vast majority" means. It'll be up to the courts to figure this out, and that's going to take some time.
===Moves by People with Contact===
A person who has contact with the children is required to notify persons with parenting time or decision-making responsibility of their intention to move. The notice must:
* be in writing,
* state the date of the move, and
* state the address of the new place of residence and any other contact information for the person.
However, if the move will have a "significant impact" on the children’s relationship with the person who wants to move, the notice must also:
* be delivered at least 60 days before the move, and
* provide a proposal as to how contact may be exercised.
No one gets to object to a move by someone with contact.
==New Obligations==
The bill would impose a number of new duties on parties under sections 7.1, 7.2, 7.3 and 7.4:
a) persons with parenting time, decision-making responsibility or contact are required to exercise the right in a manner consistent with the best interests of the child;
b) parties are required to protect children from conflict arising from the Divorce Act proceeding;
c) parties are required to try to resolve a matter that could be the subject of a Divorce Act order through family dispute resolution processes; and,
d) parties must provide complete, accurate and up-to-date information, presumably financial information where support is at issue.
Lawyers would be required to inform of, and encourage parties to attempt, to resolve disputes through family dispute resolution processes and to inform parties of any family justice services that may help a party to resolve a dispute or comply with an order, under section 7.7(2).
Parties would be required to, as lawyers are a present, sign a certificate that they are aware of their duties under the act under section 7.6 when commencing or responding to a proceeding.
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Duties of the court
The bill would require the court to consider certain other proceedings in corollary relief proceedings, under section 7.8(2):
a) any civil protection orders;
b) any child protection proceedings or orders; and,
c) and criminal proceedings, undertakings, recognizances or orders.




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