1. The Amendments to the Divorce Act
Marlene Kazman, B.Sc. LL.B

2. 1. Status of Bill Marlene Kazman
On May 22, 2018 the government introduced Bill C-78 to strengthen the Canadian Family Justice System
The Proposed Legislation would make changes to the Divorce Act, FOAEAA, GAPDA and Align Canadian Federal Family Laws with two International family Law Conventions
Bill currently moving through Parliament
Most amendments to the Divorce Act will not come into force immediately on Royal Assent.
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

3. 2. Change in Terminology – Parenting, etc.”
Marlene Kazman
2. Change in Terminology – Parenting, etc.”
The new Act will replace current custodial language with terminology reflecting parents’ responsibilities for their children
“Parenting orders,” “decision-making responsibility,” “parenting time”
“contact orders” where contact during parenting time not possible and in children’s best interests. For example, grandparents
Parenting plans encouraged, but not mandatory
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

4. 3. Enhanced Focus on the Best interests of the Child
Marlene Kazman
3. Enhanced Focus on the Best interests of the Child
Introduces a list of best interests of the child criteria, including
Child’s views and preferences
Child’s cultural, linguistic religious and spiritual upbringing and heritage, including indigenous upbringing and heritage
Includes a primary consideration: The child’s physical, emotional and psychological safety, security and well being
No presumptions
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

5. 4. Family Violence Marlene Kazman
Evidence-based definition of family violence in the Divorce Act
Best interests of the child criteria specific to family violence cases
Provisions on supervised parenting time and transfers
Provision to promote coordination between criminal, child protection and family cases
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

6. 5. Relocation Marlene Kazman
A new framework dealing with changes of residence and relocation would be added to the Act. It would include:
Rules about notice
Best interests criteria specifically for relocation cases
Burdens of proof in certain limited situations:
Where parents share responsibility for the care of the child fairly equally, the starting point is against a relocation.
Where there is one parent who clearly has primary responsibility for the care of the child the staring point is for a relocation.
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

7. 6. New Duties for Parents Marlene Kazman
There are five new duties for parties under the Divorce Act:
Exercising responsibilities in the best interests of the child
Protecting children from conflict
Where appropriate, trying to resolve matters through family dispute resolution processes
Providing complete, accurate and up-to-date information as required which would include
Income and asset disclosure
Information about other orders and proceedings e.g. criminal
Complying with orders until no longer in effect
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

8. Marlene Kazman
7. Important role for practitioners in implementing the proposed changes
Updated duties for legal advisers:
1. Encourage the use of family dispute resolution, unless it would not be
appropriate
2. Inform clients about justice services that might assist to:
Resolve issues;
Comply with an order or decision
3. Inform clients about the clients’ duties under the Act
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4

9. 8. The Family Orders and Agreements Enforcement Assistance Act
Marlene Kazman
8. The Family Orders and Agreements Enforcement Assistance Act
Will allow for the release of income information to a court to establish a fair and accurate amount of support, and to vary or enforce support.
Also allows for the release of income information to child support services to help calculate/recalculate support and to maintenance enforcement programs to help enforce support.
Will allow for the garnishment of federal funds to satisfy:
An order or judgement for the reimbursement of expenses for the denial of or on-exercise of parenting time
An order, judgment or agreement respecting the payment of expenses related to the exercise of parenting time after a relocation.
Marlene Kazman ▪ ▪ Garfin Zeidenberg LLP ▪ 5255 Yonge Street ▪ Suite 800 ▪ Toronto ▪ ON ▪ M2N 6P4