MP plans on private member’s motion to review Canada’s Divorce Act

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According to Bogan, Canada’s Divorce Act is outdated and there should be legislation focused on keeping divorce cases out of court while encouraging shared parenting, where both parents have equal custody.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.

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By heather - Last updated: Thursday, July 15, 2010
Filed in Child Custody in Ontario, Divorce • Tags: , , , , ,


Bill proposes shared parenting for Canada

Bill C-422 is a private member’s bill that intends to potentially change Canada’s Divorce Act. It wants judges to grant equal shared parenting in the majority of custody disputes – unless abuse is involved and it’s proven so. The Bill is so far just another victim of the proroguing of Parliament this winter and was delayed significantly, but now that Parliament is back in session it may be back on the table.

Supporters of Bill C-422 say that the current system lacks objectivity and that fathers are being “shortchanged”, while opponents of Bill C-422 say that the bill is unnecessary and will only be bad news for mothers and children.

When it first came to the surface in 2009, the bill brought with it concerns about women’s and children’s rights during a divorce. Equal parenting would make it mandatory for the couples to determine how the custody will be divided and would necessitate half of the time spent with one parent and the other half of the time spent with the other parent. Equal parenting would also do away with child support as we know it for most families. Many other countries such as Australia and Great Britain as well some US states support equal parenting.

Many men’s groups are saying that judges are biased towards them, or that their ex-spouses can make allegations of abuse – that turn out to be false – that sway the judges’ decisions anyway. The London Free Press reported on the Bill recently quoting a domestic violence expert who said, “there are cases that involve false allegations, but they’re a small minority.” He also said that the current court system is designed to find these cases of abuse and ignore false allegations, while there are too few victims of domestic violence even in 2010 that seek out help.

The bill was delayed and re-introduced in early March, but a vote has not yet been scheduled.

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By michael - Last updated: Thursday, March 25, 2010
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: ,