A Saskatchewan Conservative MP, Maurice Vellacott, has put forward a private member’s bill, Bill C-422, that would amend the federal Divorce Act to mandate shared custody of the children when parents divorce, unless a parent can show that it is not in the child’s best interest to do so. This piece of legislation was first brought before Parliament over a year ago but is still in its first reading.
Recently, a Western Arctic MP, Dennis Bevington, has announced that he has agreed to put forward a private member’s motion to have the federal Divorce Act reviewed in the House of Commons. The motion was put forward, in part, after Bevington was approached by a Yellowknife resident, Mark Bogan, who, on behalf of the Canadian Equal Parenting Council, is seeking to have shared custody of children become the presumed arrangement when parents divorce.
According to Bogan, Canada’s Divorce Act is outdated and there should be legislation focused on keeping divorce cases out of court while encouraging shared parenting, where both parents have equal custody. “It’s better for the parents to mediate and come up with an amicable solution,” Bogan recently quoted in Northern News Services. “If they’re unable to do that, court would mandate they would have an amicable, loving relationship with children. ‘Keep kids out of court’ is really our message, keep these families healthy.” Because of the Divorce Act, Bogan said he was not allowed access to two of his children for the better part of their lives, one of whom is now 19 years old.
Bevington said it was not only the Canadian Equal Parenting Council’s ideals but the “litigious nature” of the Divorce Act that pushed him to action. A private member’s motion is not the same as a private member’s bill, because it does not have the same policy recommendations as a private member’s bill. However, it can let the government know that important changes do need to be made.