Dear Family Law Representatives,
Below is a link to Bill C-78 that was introduced yesterday by the Federal Government and will be of extreme interest to those who practice family law.
The amendments include the following:
· Replacing “custody” and “access” terminology with terminology relating to parenting
· Creating a non-exhaustive list of criteria to help courts determine the “best interests of the child”
· Creating duties for parties and legal advisers to encourage the use of family dispute resolution processes
· Introducing measures to assist courts in addressing family violence
· Establishing a framework for the relocation of a child
· Simplifying certain processes, including those related to family support obligations
· Allowing the release of information to help establish and vary support provisions
· Expanding the release of information to additional provincial family justice government entities
· Permitting garnishment of federal moneys to recover certain family law related expenses
· Extending the binding period of a garnishee summons
Both Divorce Act and FOAEAA
· Implementing the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996 (1996 Hague Convention)
· Implementing the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007 (2007 Hague Convention)
· Giving priority to family support obligations
· Simplifying processes
These proposals will promote faster, more cost-effective and lasting solutions to family law disputes, meaning less burden on courts and better outcomes for families. On the whole, this bill is about providing Canadians with better tools to address family law disputes with the promotion of the best interests of the child as its core.
We would appreciate if you would forward this email on to your local members who practice family law.