«But there are obviously many situations where parents don't agree on that type of situation or it's just not feasible, and then to have some sort of
legislated presumption unless you can show otherwise I think creates problems.»
This private member's Bill would have created
a legislated presumption in favour of Equal Shared Parenting.
Of course there are many other benefits to equal shared parenting and to having
a legislated presumption that would mandate this manner of parenting in most situations.
Toronto family lawyer Christine Marchetti tells AdvocateDaily.com she would welcome
a legislated presumption of equal shared parenting (ESP), as long as there are... Read more
Not exact matches
... a contract of employment for an indefinite period requires that the employee be given reasonable notice of an intention to terminate the contract if dismissed without cause... this principle is characterized as a
presumption, rebutted only if the contract clearly specifies some other period of notice, either expressly or impliedly, and such other period is not inconsistent with
legislated minimums.
There are a number of recent judicial observations in judicial review challenges about the
presumption that Parliament will not
legislate to place the UK in breach of its international obligations.
The court said that statutory interpretation — and especially of a constitutional statute such as ECA 1972 — had to proceed «having regard to the background of constitutional principles which inform the inferences to be drawn as to what Parliament intended... Where background constitutional principles are strong, there is a
presumption that Parliament intended to
legislate in conformity with them and not to undermine them» (at [82]-RRB-.
This Bill promotes a
legislated rebuttable
presumption for Equal Shared Parenting as being in the «Best Interests of the Child».
I'm pleased to say that neither
presumption described below was
legislated into existence.
In 2013, private member's bill C - 560 proposed by Conservative MP Maurice Vellacott attempted to redress the balance with an amendment to the federal Divorce Act that would have
legislated a rebuttable
presumption of ESP.
In 2014, a Conservative backbench MP from Saskatchewan introduced Bill C - 560, which, if passed into law, would have
legislated a rebuttable
presumption of ESP, but it failed to pass second reading in the House of Commons, it was reported at the time.
Such organizations as the Canadian Equal Parenting Council, Lawyers for Shared Parenting, and Leading Women for Shared Parenting amongst others, were in the forefront of the Canadian 2013 - 2014 campaign in support of a private member's Bill (C - 560) that would have
legislated a rebuttable
presumption in favour equal shared parenting.