Modifications to the Divorce Act are changing, among many other things, the wording we got used to. In spite of similarities and being rather commonsensical, this still lead to confusion.
Divorce Act terminology: before and after
Particularly, a “spouse” now includes a “former spouse.” “Custody” and “custody order” are no more. Parenting and contact orders are there instead. A “family member” includes members of the household, formers spouses and dating partners. What was “ordinarily” is “habitually” now.
“Parenting time” is a time period where one parent is primarily responsible for the child (including the situations when the child is elsewhere — in school or a kindergarten).
“Decision-making responsibility” describes the power (and obligations) to made decisions about the child’s health, education, extra-curricular activities, culture, language, religion and spirituality.
“Family dispute resolution process” includes negotiations and mediation.
“Legal adviser” is a good old lawyer.
“Order assignee” — is a government body (like Revenu Quebec) collecting child support payments.
“Relocation” — change of place of residence of a child or a parenting person, which would make a significant impact on the child’s relationship with the other parent.
All those changes are not made on their own, but to bringh the Divorce Act closer (in letter as in spirit) closer to the 1996 Convention on child protection, which Canada is going to enforce eventually.
These changes into the Divorce Act are not in force yet. They were meant to become in force on July 1, 2020, but in the circumstances of COVID-19 the date was changed to March 1, 2021. If you have questions, do not hesitate to contact our office for a consultation by phone: 514-816-4150 or via email: [email protected].
Lawyers of Allen Madelin are recognized to be among the best divorce lawyers in Montreal. They defend their clients’ interests vigorously and with commitment in divorce, separation, spousal support, child support payment and custody cases. They also offer education on the important implications of the recent changes in the Divorce Act. Contact us for more information.
