Family Dispute Resolution
The modifications to the Divorce Act brought even more attention to dispute resolution possibilities. The lawyers were already under obligation to offer this possibility to the parties and had to attest that they have fulfilled such an obligation in the divorce application. Now all the documents (including applications for modification of existing orders) require such a certification: lawyers must certify their compliance with s. 7.7 of the Act in writing.
The lawyers have a duty to discuss and inform the parties of the family dispute resolution process — unless it is inappropriate (in cases involving family violence or clear inequality between the parties, for example).
Clients’ duty to inform
There is also a duty to inform clients about their own duties under the Act — particularly about providing complete, accurate and up-to-date information to another party, to inform the Court about criminal proceedings and orders (in cases involving family violence), particularly the orders prohibiting contacts between parties, as well as undertakings, recognizances, agreements and other measures. The Court should also be informed about other relevant proceedings and orders like a civil protection order, a child protection order, etc. There is an obligation to mention all those proceedings or to attest that there is none.
A “civil protection order” includes orders prohibiting being in physical proximity, contacts and communication, visiting or being within a certain distance from a particular place, harassing or threatening actions against a specific person, occupying a family home or residence, for example.
This is justified by the fact that any civil or criminal procedure, order, condition or measure concerning safety, security and well-being of a child is a relevant factor to determine what is in the best interest of such a child. Those orders may be only indirectly relevant (like a criminal conviction for an offence committed against a member of another family), relating to some conflicts actually or potentially involving the child.
Clients’ Duty to Comply With the Court Orders
Another duty of the parties that their lawyers are obliged to inform them about is the duty to comply with the orders until those orders are no longer in effect. Parenting, contact and support orders do not fade with time. Disobeying such an order even years after it was given would still negatively affect the parties.
Parents are obliged to shield their children from conflicts led to their divorce. This means that the children should not see or hear conflicts or the aftermath of those.
The parties should now also attest in writing in every application that they are aware of their duties under the Divorce Act. (Particularly, ss. 7.1 to 7.5) so the lawyers should be aware of this procedural requirement.
Not Yet in Force
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.
