Changes to Canadian divorce Act

[Brian Stocker]

Proposed changes to the Canadian Divorce Act

>From Vancouver Sun Friday September 25/98

A special join Senate-Commons Committee on Child Custody and Access is
proposing major changes to the 30-year old Divorce Act.  Feminist
groups accused the committee of pro-male bias, partly because of the
large number of men's groups it has heard from and partly because the
committee criticized the current system -- specially the cases where
unproven or false accusations of abuse have become the basis for a
court deciding on custody and access. 

Among the porposals of For the Sake of the Children are

- The elimination of the terms "custody and access" from the Act to be
replaced by the concept of "Parental Responsibility."

- Obligatory attendance at an education program where separated
parents would study the effects of divorce on children.  Certificate
of attendance would be required before parents could proceed with
divorce applications.

- Separating Parents should be encouraged to develop a comprehensive
parenting plan, with a mediator if necessary.

- False accusations of physical abuse be made an offence under the
Criminal Code.

- Unreasonable prevention of court-ordered access be made an offence
under the Divorce Act.

- Grandparents and extended family members become a legal third
catagory.  They should not be required to apply for access to a child
but be allowed access to grandchildren under the concept of "the best
interests of the child."

- Regular training for federally appointed judges on issues related to
the impact of divorce on children.

- End the link between support payments and access.

- Any parent wishing to move a distance that would affect any
parenting arrangements must give between 60 and 90 days notice to the
other parent.  Any dispute of relocation should go to mediation before
it is heard by a court and adjustments made in child support if a
visiting parent incurs expenses he or she can't afford. 

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