Tag: custody

On March 1, 2021 changes to the Divorce Act came into effect which addressed the need to recognize, codify and provide remedy for family violence.

“Family Violence means any conduct, whether or not the conduct constitutes an criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person – and in the case of a child the direct or indirect exposure to such conduct -”

Family violence is recognized as including:

(a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;

(b) sexual abuse; 

(c) threats to kill or cause bodily harm to any person;

(d) harassment, including stalking;

(e) the failure to provide the necessaries of life; 

(f) psychological abuse; 

(g) financial abuse;

(h) threats to kill or harm an animal or damage property; and

(i) the killing or harming of an animal or the damaging of property.

The changes also include changes in terminology and approach from “Custody and Access” to “Parenting Time” and and “decision making”, and include provisions for contact time by a non-parent (grandparent or other involved person).

For more information about how these changes may affect your situation, give us a call, or review the changes at https://www.justice.gc.ca/eng/fl-df/cfl-mdf/dace-clde/index.html