Are you getting divorced or thinking about getting one? With new federal Divorce act changes coming into effect on March 1, 2021, you should know how these recent amendments can affect you and your children (if any).
Introduction to Divorce Act Canada & Family Law
As a couple who’s already in the process of getting divorced, you may think that the new rules don’t apply. As per the Federal Justice Department, the recent amendments apply to a couple getting divorced even if their case is currently in process.
Since Family law in Canada comes under the shared responsibility of the provincial, territorial, and federal governments, being aware of the new Divorce Act Canada 2021 changes is vital. Let’s review the eligibility of the Divorce Act that impacts couples including but not limited to married couples who are in the process of getting a divorce.
While the provincial legislation is applicable to including but not limited to:
- Common-law couples or couples who are not married to each other
- Separated couples who are still married to each other but not getting divorced
Divorce Act Canada 2021 – How will the new amendments impact you
In times of a divorce or a separation, every child and family need important and timely support from the family justice system. The Divorce Act Canada amendments have been introduced keeping in mind four key elements:
- the child’s best interests,
- to significantly reduce child poverty,
- make the family justice system more effective,
- and address any kind of family violence.
Guided by the interests of the child
In any divorce case, the court will be directed by the best interests of the children and will prioritize their physical, psychological, and emotional needs. Courts will be considering a particular list of child-related factors including but not limited to:
- the child’s desires, preferences, and views
- a court order of action that has a bearing on the child’s safety or well-being
- presence of any kind of family violence
Expressly defining family violence
In the new amendments, family violence has been clearly identified and expressly defined. It includes but is not limited to abuse that can be sexual, physical, emotional, financial, or psychological. Any type of threat to harm pets, property, person and actions indicating harassment are also included.
Any relevant court actions for criminal nature or civil, child protection will also be considered. In determining the presence and possible impact of family violence, the court will also review its nature, frequency, the pattern of controlling or coercive behaviors. Actions taken by the violent parent to minimize their such behavior and positive steps taken to improve their parenting style will also be noted.
Separating from your partner
If you wish to separate from your partner and take custody of your child, new changes will apply. Suppose the child is moving away from a parent who has decision-making responsibility, contact or parenting time. In that case, it will be considered to be a relocation, and prior notice of 60 days will apply in most cases. To know more, it is advisable to speak to one of our knowledgeable family law lawyers who can help you get successful outcomes.
Initiative to resolve family issues amicably and out of court
There are different ways of resolving family law issues. The Divorce Act also motivates couples to resolve their problems amicably by using mediation, arbitration, or a collaborative negotiation process. Brampton Divorce Lawyers Can help you in many ways.
New Terminology Changes in Divorce Act
In family law, the terms’ access’ and ‘custody’ are vital, and most people were well aware of it. With effect from March 1, 2021, both these terms are being replaced in the Divorce Act with newer terms.
- Custody will now be known as Decision-making responsibility. It includes responsibilities about children that parents will take, including but not limited to their health, language, religion, and education. Parents can decide to share these responsibilities or let one parent handle them.
- Access will now be known as Parenting time or the time a parent spends with their child.
Any parent having the parenting time or/and decision-making responsibility for their child has the right to get and ask for any information related to the child’s education, health, and well-being.
Contact is a term that is the time the child spends with a person that’s not their parent. Any person having contact with the child does not have the eligibility to make any daily decision about the child.
Divorce Lawyers Mississauga – How We Can Help
With capable family law lawyers guiding you, it is possible to complete your divorce case successfully and keep your child happy and safe through the challenging journey.
At Nanda & Associate Lawyers, you’ll get access to skilled Divorce Lawyers Mississauga and associated legal professionals who will support you navigate through this challenging period of divorce. Have questions? Go ahead and book your free initial consultation today and get all your questions answered by our expert family law lawyers.