NEW DIVORCE ACT: CHANGE OF TERMINOLOGY
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.…
NEW DIVORCE ACT: PARENTAL AND CONTACT ORDERS
New terminology The modifications made to the Divorce Act, change the well established terminology: “child custody”, “access rights” are abandoned in favor of “parenting time”, “parenting and contact orders” and…
NEW DIVORCE ACT: FAMILY VIOLENCE AND CHILD ABUSE
What is Family Violence The modified Divorce Act is now defining “family violence” as a conduct between family members (be it a criminal offence or not — so no need…
New Divorce Act postponed: from July 1, 2020 to March 1, 2021
The decree no: 2020-0407 of May 30, 2020 has postponed coming in force of the Divorce Act modifications for 9 months: Her Excellency the Governor General in Council, on the…
New Divorce Act: Change of Residence and Relocation of a parent (with or without the child)
Child relocation Change of residence After the modifications come in force, the Divorce Act will distinguish between relocation and simple change of residence. Change of residence is now seen as…
New Divorce Act: Best interest of the child
Best interest of the child First principle: Best interest of the child Best interest of the child is long recognized as a guiding principle when it comes to decisions about…
New Divorce Act: If your child is living outside Canada
Child abroad You brought your child in Canada... what now? If you child is living outside Canada, but is now present in your province, the provincial Court — in exceptional…
New Divorce Act: Recognizing Foreign Decisions
Foreign judgements Three kinds of foreign jurisdictions for divorce When the reform of the Divorce Act is finished as planned, there will be three kinds of foreign jurisdictions, and the…
Civil Law
New Divorce Act: When Your Ex Is in Another Country
Closer to the Convention Canada is approaching the moment when the 1996 Convention on child protection will be applicable. Some of the modifications in the Divorce Act are meant to…
New Divorce Act: Interprovincial Process Simplified
New Divorce Act Simplified procedure is available Modifications to the Divorce Act keep available the regular Court procedure when it comes to applications for support order or variations of such…