Sentences with phrase «divorce act»

Further, the government will review the custody and access provisions of the Divorce Act and, in so doing, will consider how it can further encourage parents to rely less on adversarial processes and focus on the needs of their children.

The bill amends the Divorce Act to instruct judges to order equal parenting when making a parenting order unless it is established that a different allocation would be in the best interests of the child.

Therefore, the petitioners are calling on Parliament to amend the Divorce Act, as in my Bill C - 560, to require that equal shared parenting be treated as the rebuttable presumption in custody decisions, except in cases of proven abuse or neglect.

The CBA therefore opposes Bill C - 560, as it would shift the way custody is determined under the Divorce Act to parents» rights and away from what is in the best interests of children.

That is why I am speaking to Bill C - 560, which amends the Divorce Act to replace the concept of custody orders with that of parenting orders.

A private member's bill is coming before the House, C - 560, dealing with the Divorce Act.

Mr. Speaker, I am pleased to present this petition from individuals in my riding in support of private member's Bill C - 560 for amendments to the Divorce Act.

The Divorce Act itself has not changed, but the kinds of orders handed down have changed considerably since new provisions regarding custody and access came into effect in 1986.

It is used in federal legislation under the following acts: the Citizenship Act, the Divorce Act, the Immigration and Refugee Protection Act, and the Youth Criminal Justice Act.

Bill C - 560, as introduced by my colleague, the member for Saskatoon — Wanuskewin, amends the Divorce Act by replacing the concept of custody orders with that of parenting orders.

Previously, the Illinois Divorce Act (IMDMA) considered companion animals owned by the parties as property, and normally judges would make no orders concerning animals beyond what might be ordered for furniture and the like.

We report here on a recent survey of Canadian legal professionals that reflects support for mediation and certain amendments to the parenting provisions of the Divorce Act.

That report urged Parliament to amend the Divorce Act to make equal shared parenting the normative determination by courts dealing with situations of divorce involving children.

Mr. Speaker, these undersigned petitioners are drawing the attention of this House of Commons to the fact that children ordinarily thrive best when being raised by both parents, their father and their mother, even when those parents divorce, so the petitioners are calling on Parliament to amend the Divorce Act, as in my Bill C - 560, to require equal shared parenting to be treated as the rebuttable presumption in custody decisions, except, of course, in cases of proven abuse or neglect.

The federal Divorce Act has certain rules about parenting arrangements for parents who divorce.

If you are not making parenting arrangements under the Divorce Act, you may decide to have your parenting plan included in an order under provincial or territorial law or to make it a legally binding agreement.

The tool may still be useful to you even if the Divorce Act doesn't apply to your situation because the types of decisions you need to make about how you will raise your children are similar.

He claimed that since he had registered the order, he was then at liberty to vary it under the Divorce Act [sic]!

It was no surprise that the judge wrote at paragraph 38: «An agreement registered pursuant to the FLA does not become an order under the Divorce Act.»

If you divorce under Canada's Divorce Act, the Federal Child Support Guidelines would apply.

You can use this parenting plan tool if you're making parenting arrangements under the Divorce Act.

But Heft and other family lawyers question whether the change will include a new test or simply reflect the terms of the Divorce Act, in which «child of the marriage» is defined to include a child who is «the age of majority or over... but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.»

- If you make too good of a spousal support deal, if you go beyond the broad parameters of the principles inherent within the philosophy of the Divorce Act, then a later court might over turn your Separation Agreement.

The judge did not dismiss the application, but allowed the parties to consider amending their pleadings so that the true essence of their dispute could be considered under the proper statute, the Divorce Act.

It is difficult to find a family today that hasn't been affected by the Divorce Act or family breakdown.

Get a consent order under the Divorce Act.

The Divorce Act had just been amended to insert the so - called «friendly parent» provision that mandated one factor to consider is the willingness of each parent to afford maximum parent / child contact with the other parent.

The decision contains an analysis of the case law where the emphasis is placed more upon achieving self sufficiency, which after all, is one of the objectives of spousal support under the Divorce Act.

The Supreme Court of Canada decision in Miglin applied to support cases under the Divorce Act.

Current Divorce Act and provincial legislation can not be interpreted as implying a presumption in favour of joint custody, let alone equal shared parenting.

The judge noted that in his view the law had indeed changed with the amendments to the Divorce Act.

The Divorce Act sets out the factors to be considered and the objectives to be met in determining spousal support — how long did the spouses live together, what was the role of each spouse in the marriage, what value should be given to the contributions made by the spouses during the marriage, should one spouse be compensated for the financial benefit to the other, how is economic hardship arising relieved, and how is self - sufficiency of each spouse promoted?

See also Nicholas Bala, «A Report from Canada's «Gender War Zone»: Reforming the Child - Related Provisions of the Divorce Act» (1999), 16 Can.

In 1986 amendments to the Divorce Act came into effect that were supposed to change the approach to child custody cases.

«The Divorce Act provides legislative authority to joint custody through s. 16 (4), while s. 16 (10) sets out that maximum contact by each parent with the child to the extent that such contact is consistent with the child's best interests is a desirable objective,» he says.

The Collaborative Divorce Act legitimizes and formalizes the use of the Collaborative process in divorce.

The Federal Child Support Guidelines (Federal Guidelines) are regulations under the Divorce Act.

Wives headed for divorce act preoccupied with other activities when their husbands bid for their attention 50 % of the time, while happily married wives act preoccupied in response to their husbands» bids just 14 % of the time.

The court noted that the legal tests here are the same, whether we are under the Children's Law Reform Act (where a variation of a separation agreement is under consideration) or under the Divorce Act.

16 (10) and 17 (9) of the Divorce Act.

For example, in Alberta, «custody and access» issues are governed by the Divorce Act (DA), while «parenting time» is addressed by Alberta's Family Law Act (FLA AB).

There was also a 2014 private member's bill to amend the Divorce Act to create a presumption of post-separation equal shared parenting with the exception where there is suspicion the child might be in jeopardy.

The private member's bill, which Ludmer helped draft, called for changes to the Divorce Act, with the primary proposal being a rebuttable presumption that equal shared parenting would support the best interests of the children unless a parent can establish based on evidence that another parenting plan would substantially enhance those interests.

It's time to reignite debate and discussion around amending the Divorce Act to better support equal shared parenting in Ottawa, says Toronto family lawyer Brian Ludmer.

In 2013, private member's Bill C - 560 proposed to amend the federal Divorce Act to create a rebuttable presumption of ESP, but failed at second reading in the House of Commons, despite polling that suggested the vast majority of Canadians would support such a measure.

In recent days, the National Post has brought forward two sides of the current debate on Bill C - 560, An Act to amend the Divorce Act (equal parenting), set for second reading in the House of Commons today.

This includes promoting the work our Canadian neighbors are doing to pass Bill C - 560, a private members Bill to amend Canada's federal Divorce Act to introduce a rebuttable presumption of equal shared parenting.

It's time to reignite debate and discussion around amending the Divorce Act to better support equal shared parenting in Ottawa, says Toronto family lawyer... Read more

The objectives of the Divorce Act include «certainty, finality and autonomy.»

(b) allows a support order originally made under the Divorce Act (Canada) to be varied except as authorized by federal enactment.