Divorce and Children in Canada
Canadian Justice Strategy Focuses on Children in Divorce
Dateline: 12/17/02
Canadian Minister of Justice Martin Cauchon has introduced a new family justice strategy that puts the needs of children first in separation and divorce in Canada.
The three elements of the Child-centred Family Justice Strategy are:
- family justice services to help parents with decisions on the care of their children
- reform of the Canadian Divorce Act to put the focus on parental responsibilities
- expanding Unified Family Courts
New Family Justice Services
The Canadian federal government does not provide family justice services directly since this is a provincial and territorial responsibility, but it will be promoting and helping with the maintenance of family justice services. This includes giving $63 million over five years to the provinces and territories. The funding will be used to develop court services such as mediation and parent education to ease the stress and conflict of divorce and separation, and to help parents make decisions about the care of their children.
Changes to the Canadian Divorce Act
Amendments to the Canadian Divorce Act will include:
- the addition of a list of criteria to use in determining "the best interests of the child"
- elimination of the terms "custody" and "access." The intention is to replace the connotation of ownership and win/lose associated with those terms with a model that puts the focus on the responsibilities of parents.
Changes will also be made to the federal Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act to strengthen the enforcement of Canadian federal government support programs.
Expanding Unified Family Courts
The new family justice strategy will also focus on improving the family court process to make it simpler, more timely and efficient. The federal government is putting $16.1 million for 62 new judges to expand the Unified Family Courts. Forty-six of these judges will be promoted from the provincial level, and the provinces will be able to put the money they save on those salaries towards family court services. Unified Family Courts provide a single court with the jurisdiction to handle all family law matters.
Related Resources
- Divorce Law in Canada - Questions and Answers - February 2006
- Family Justice Strategy Backgrounder
- Law in Canada
- General Canadian Law Resources
- Legal Aid in Canada
- Courts in Canada
