{"id":11036,"date":"2018-11-26T13:19:00","date_gmt":"2018-11-26T18:19:00","guid":{"rendered":"https:\/\/www.leaf.ca\/?p=11036"},"modified":"2020-10-26T00:59:11","modified_gmt":"2020-10-26T04:59:11","slug":"leaf-testifies-before-standing-committee-in-review-of-divorce-act","status":"publish","type":"news","link":"https:\/\/www.leaf.ca\/fr\/news\/leaf-testifies-before-standing-committee-in-review-of-divorce-act\/","title":{"rendered":"LEAF Testifies Before Standing Committee in Review of Divorce Act"},"content":{"rendered":"\n

On November 21, 2018, LEAF Executive Director & General Counsel Shaun O\u2019Brien testified before the Standing Committee on Justice and Human Rights regarding Bill C-78, which would introduce significant changes to the Divorce Act<\/em>. LEAF also filed a brief setting out its position with respect to the bill.<\/p>\n\n\n\n

In its brief, LEAF endorsed the recommendations of  the National Association of Women and the Law<\/a><\/strong> (NAWL) and Luke\u2019s Place Support and Resource Centre<\/a><\/strong>, joining  more than 30 organizations in urging the government to introduce more meaningful protections for women and children.<\/p>\n\n\n\n

We applaud several of the proposed amendments. For example, Bill C-78 directs courts to only consider the best interests of the child when making custody or contact orders. It also requires them to give primary consideration to the child\u2019s physical, emotional, and psychological safety and well-being, and compels courts to consider any history of family violence.  <\/p>\n\n\n\n

Countless researchers have demonstrated that women who are abused are unable to protect themselves and their children under existing family law unless they can demonstrate that they are at risk for further violence. Otherwise, courts are likely to determine that maximum time with each parent, as well as full cooperation and communication between parents, are appropriate. Bill C-78 can be amended to provide protections, especially for the most vulnerable. For example, women should not have to demonstrate they are communicating or cooperating with their former spouses if there is a history of violence and this would place them at further risk of abuse. Clear exceptions should be included in the legislation. Moreover, we recommend the removal of the provision for maximum parenting time as courts often assume this is what is in the best interests of the child and may overlook other considerations, such as a history of family violence. <\/p>\n\n\n\n

\u201cThis bill takes important steps forward that will assist in the prevention of harm to women and children,\u201d says O\u2019Brien. \u201cWe encourage the government to make it even stronger. Women who have been abused should not be pressured to cooperate with their former spouses. Similarly, it can\u2019t be presumed that a child should have the maximum time possible with both parents. If a parent has not been attentive to the child to date, then the time of separation \u2013 which is known to be a time of high conflict and increased danger \u2013 is not the time to encourage this.\u201d<\/p>\n\n\n\n