Updates To The Canadian Divorce Act Coming In 2021

Updates To The Canadian Divorce Act Coming In 2021

Divorce can mean different things for different people and families. Some say it is gaining their freedom while others think it is the most challenging time of their lives. Divorce can be one’s decision or a mutual one. however, it still can be problematic in different ways.

The Federal Divorce Act applies to married couples looking for a legal way to nullify their marriage. It has gone through significant changes over time and has been changed many times to meet the people and their children’s needs. The child’s safety and security is the one priority that all parents need to focus on, putting their differences aside. That is why the Divorce Act can favour the child and help them navigate life after their parent’s divorce/separation.

Parenting Your Children After Divorce

The updated Canadian Divorce Act talks about the parenting issue that most people face after getting a divorce and about the decisions one takes through the whole situation. The Divorce Act can help find the right solutions and parent your children with ease, whether it is sole custody or joint custody.

Under section 16.3 of the Act, a decision-making situation can happen between parents or one parent, depending on the following:

  • Child’s health
  • Activities
  • Resident
  • Education
  • Culture and language

Violence That Can Occur

Often families from different backgrounds face violence issues. However, the court and new Divorce Act implementations take this as a severe matter to protect the children’s future. If family violence becomes an issue in taking care of the child and the willingness to cooperate, then an assessment will be made whether or not they can take care of the child.

  • When and how does the violence occur
  • The seriousness of the incidents
  • Indicating more severe issues throughout the family
  • Whether it is controlling behaviour or coercive
  • The escalation of the violence

Moving On With or Without Your Child

The Divorce Act will have new rules about the parent that wants to move away, with or without the child in question. That is why if one spouse is moving a short distance away, they are legally required to give a written note to the other half. It will include parenting time, decision making, and being in contact with the child. Under the new Divorce Act, you have to give a 60-day notice before taking a relocating step that could potentially affect the child and his/her behaviour.

A Child’s Interest For The Future

Divorce is one thing that has a severe impact on the child. So, helping them find a balance can be the main reason why the Divorce Act has been tailored to children. So taking into account whether or not the child is attached to one parent than the other, the upbringing, and more siblings have become important as per the act.

Lastly, all of the above updates should be taken into account by spouses about the updated Canadian Divorce Act.

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

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