Important changes to the Divorce Act
More Listening and Compassion for Victims of Domestic Violence: The Divorce Act underwent significant changes on Monday. Organizations applaud what they consider to be a big step forward, but point out that the majority of couples in Quebec are not married,
which therefore leaves many people in the dark.
which therefore leaves many people in the dark.
The Minister of Justice of Canada, David Lametti, on Monday announced the coming into force of the changes to the Divorce Act, specifying that they were "the first major changes to federal family law in more than 20 years ".
The changes to the law were originally supposed to come into effect last July, but the COVID-19 pandemic has delayed their implementation. They aim to counter domestic violence, promote the best interests of the child,
increase the efficiency of the justice system and help reduce child poverty.
The Regroupement des maisons pour femmes victims of conjugal violence (RMFVVC) applauds this reform of federal laws on family matters.
The good news is that there are still some great advances in the law. It contains a truly comprehensive definition of family violence.
Mathilde Trou, co-responsible for the political files of the RMFVVC
Ms. Trou mentioned, for example, the fact that the judge must now look for the presence of domestic violence before rendering his decision. “Right now, judges are more in shared custody so that both parents can see their children equally. But then, if he sees that there is violence, he will tend to give custody to the mother rather than the violent father. "
Another positive point of this Divorce Act by reunification: it now indicates that family mediation is not recommended if there is a situation of conjugal violence within the family. “We are really happy that this is taken into account, because when the spouse is violent and manipulative, family mediation is really the worst situation for the woman who has to cooperate and discuss with him,” added Ms. Trou.
The changes to the law were originally supposed to come into effect last July, but the COVID-19 pandemic has delayed their implementation. They aim to counter domestic violence, promote the best interests of the child,
increase the efficiency of the justice system and help reduce child poverty.
The Regroupement des maisons pour femmes victims of conjugal violence (RMFVVC) applauds this reform of federal laws on family matters.
The good news is that there are still some great advances in the law. It contains a truly comprehensive definition of family violence.
Mathilde Trou, co-responsible for the political files of the RMFVVC
Ms. Trou mentioned, for example, the fact that the judge must now look for the presence of domestic violence before rendering his decision. “Right now, judges are more in shared custody so that both parents can see their children equally. But then, if he sees that there is violence, he will tend to give custody to the mother rather than the violent father. "
Another positive point of this Divorce Act by reunification: it now indicates that family mediation is not recommended if there is a situation of conjugal violence within the family. “We are really happy that this is taken into account, because when the spouse is violent and manipulative, family mediation is really the worst situation for the woman who has to cooperate and discuss with him,” added Ms. Trou.
Unmarried couples
The big downside to this reform of the law is that it does not apply to unmarried couples, argued Sylvie Lévesque, executive director of the Federation of Associations of Single-Parent and Recomposed Families of Quebec (FAFMRQ). According to her, since Quebec is "the champion of cohabitation on the planet" and that more than 60% of the children there are born out of wedlock, the Divorce Act will have no impact, in the end. , on the situation of many Quebec parents. It is for this reason that the Quebec reform of family law, promised by the Legault government, could make a difference for many couples who separate.
The reform of the Divorce Act is interesting. Sometimes the federal government is late. But I think that this time,
he is urging the provinces to move, including Quebec!
Sylvie Lévesque, Executive Director of the Federation of Associations of Single-Parent and Recomposed Families of Quebec
"What is paradoxical in Quebec is that even if we are the champions of the free union, it is here that there is the least supervision. All the other provinces in Canada have a framework for de facto spouses. It’s just in Quebec that there are none, ”said Lévesque.
The Regroupement des maisons pour femmes victims of conjugal violence is also concerned about the "double standard" that this modification of the law creates in Quebec, since it is only married people who will be able to benefit from it. "We urge the Minister of Justice of Quebec [Simon Jolin-Barrette] to harmonize Quebec legislation so that de facto spouses can also benefit," concluded Mathilde Trou.
The big downside to this reform of the law is that it does not apply to unmarried couples, argued Sylvie Lévesque, executive director of the Federation of Associations of Single-Parent and Recomposed Families of Quebec (FAFMRQ). According to her, since Quebec is "the champion of cohabitation on the planet" and that more than 60% of the children there are born out of wedlock, the Divorce Act will have no impact, in the end. , on the situation of many Quebec parents. It is for this reason that the Quebec reform of family law, promised by the Legault government, could make a difference for many couples who separate.
The reform of the Divorce Act is interesting. Sometimes the federal government is late. But I think that this time,
he is urging the provinces to move, including Quebec!
Sylvie Lévesque, Executive Director of the Federation of Associations of Single-Parent and Recomposed Families of Quebec
"What is paradoxical in Quebec is that even if we are the champions of the free union, it is here that there is the least supervision. All the other provinces in Canada have a framework for de facto spouses. It’s just in Quebec that there are none, ”said Lévesque.
The Regroupement des maisons pour femmes victims of conjugal violence is also concerned about the "double standard" that this modification of the law creates in Quebec, since it is only married people who will be able to benefit from it. "We urge the Minister of Justice of Quebec [Simon Jolin-Barrette] to harmonize Quebec legislation so that de facto spouses can also benefit," concluded Mathilde Trou.
Veronique Lauzon
The Presse
https://www.lapresse.ca/actualites/justice-et-faits-divers/2021-03-02/importants-changements-a-la-loi-sur-le-divorce.php
The Presse
https://www.lapresse.ca/actualites/justice-et-faits-divers/2021-03-02/importants-changements-a-la-loi-sur-le-divorce.php
