With the new proposal made by the Liberals to reform the federal divorce law for the first time in 20 years, there have been many positive advocates of the suggestion.
Not only will families be able to access legal resolutions at a much faster speed, but with more acceptable and less damaging result for the parents as well as the children.
The proposal that aims to prioritise children welfare in the midst of separation or divorce also makes it obligatory for lawyers and paralegals to encourage and guide conflicting families to seek alternate means of resolution instead of court. The proposal also aims to address family violence and establish guidelines while relocating a child and make it more accessible to collect support payments.
The plan to update the divorce law in Canada also speeds up the procedure for lawyers and mediators whenever there is a case under the provincial legislation. Mediators no longer have to turn to Children’s Law Reform Act for guidance to establish the best interest of the child. They can now refer to the new legislation that is clear, precise and also flexible enough to suit everyone’s situation.
The bill also makes it clearer for mediators and lawyers to establish a more effective response as it also covers matters that concern all type of family violence.
The proposal also covers the child’s linguistic, cultural, spiritual, religious and even indigenous heritage which would allow parents to have more parenting time if the child needs it to develop that heritage.
The Act is partially under fire because going to court is not a collective decision made by two parties. It is one party dragging the other, and that already makes it an adversarial situation. However, parents are happy that the provision will allow the awards to be based on the reality and the distinctiveness of each family going through a divorce.
The Act excluded the presumption of equal shared parenting as a starting point which makes it short of its purpose in prioritising the child’s interest but is a welcoming move on the part of the citizens to witness the transitioning of the law along with the modern aspects of the attitude towards divorce.
According to several parents, the concept of divorce is understandable for children and the separation from the norms of a regular home is also adjustable. It is not the divorce that traumatises the children but the conflicts that come with divorce. Once the dispute is mediated with a customised approach through the new bill, parents and lawyers hope to achieve an efficient procedure to mitigate all family conflict.