Family Law Reform in Canada

Family Law Reforms in Canada
  • Winner Take ALL

Winner Take All –  by Molly Murphy

When Molly Murphy and her husband decide to go through with a painful yet amicable divorce, Molly sets off to see a legal advisor. Little does she know she is about to discover a [...]

  • Ontario Family Court Decisions
  • Ontario Family Court Decisions

Ontario Family Court Decisions

Where’s the rule book? How can you plan or manage your life when the rules for divorce are not defined? There is no prescribed length of time for support commitments either child or spousal [...]

  • Canadian Family Law

Canadian Family Law – Good – Bad and the Ugly

The Framework for dealing with Divorce in Canada is a patchwork legal system comprised of Laws (Federal, Provincial and local jurisdictions), Courts, Judges, Lawyers, mediators and related agencies such as Children’s Aid societies and [...]

  • presumed equal parenting

The movement for presumed equal parenting

The grass-root movement for presumed equal parenting, by ordinary Canadians, feeling compelled to do something out of the ordinary in order to bring attention to a very serious problem in Canada. This will be [...]

  • suicide divorce

Divorce Suicide – The Ultimate Desperation

Courts Drive a Father to Ultimate Desperation - Suicide an example; one of an ever increasing occurrence…. Mr. Les White 484 Leslie Bay Brandon, Manitoba R7A 2C9 Canada August 27, 2002. The [...]

  • No Fault Divorce Canada

No Fault Divorce – Ya…. Right

Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. Ironically no-fault divorce was intended to reduce divorce rates and remove acrimony from [...]

  • The boy crisis – Fatherlessness a new crises

The boy crisis – Fatherlessness a new crises

There is an incredible amount of research information available that report on the many destructive aspects of the removal of fathers from the lives of their children by court judges. A simple google search [...]

Top Ten Family Law Reforms Needed in Canada

  • Shared Parenting Presumption – Table and pass legislation in Parliament to amend the divorce act with a joint parenting presumption. Define responsibilities for parents, such as parenting plans and hold parties accountable for agreements.

  • Department of Family Affairs – The appointment of a Federal Government prime for families, The Minister of Family Affairs whose role and goals would be defined to champion the needs of the Canadian Family and provide an integrated approach with other jurisdictions.

  • Update Divorce Act – Review, update and consolidate family laws to comply with the “Charter of Right and Freedoms”, define default positions on all issues such as custody, support and “Human Rights”. This will minimize the need for court involvement.

  • Family Support Review– Complete review of the Federal Child Support Guidelines addressing issues identified earlier. Review entitlement, integration and default positions for Spousal Support with Guidelines legislated by Parliament.

  • Replace Courts – Establish a non partisan commission to report back to government with recommendations on “HOW”…. NOT IF!!!! to get families out of court. Then the government to table and pass legislation to replace the court system with a family oriented, humane, cost effective, efficient and conciliatory approach. An example might be to use the bankruptcy process as a foundation.

  • Restructure “Family Enforcement Offices” with Federal Jurisdiction. Outsource management and administration to third party financial institutions or integrate with CRA. Use funds and resources instead to minimize family break-ups, focus on legitimate cases of need, help families survive hardships and fairly enforce all orders such as access orders, not just payment orders

  • Review tax laws – better define tax treatment and impacts of divorce to ensure fair tax treatment for separated families and reverse the law of April 27, 1997 that took billions in additional taxes from families in crises that need it most.

  • Court Oversight – Until the courts can be removed from Family Justice, immediately develop a system of accountability and oversight for the nation’s courts to make sure judgments made comply with the intent of existing laws and adhere to the “Charter of Rights and Freedoms”.

  • Education In anticipation of getting families out of court, review university curriculum to ensure programs are in place to graduate a replacement for lawyers. Skills would include ADR (alternate dispute resolution), family dynamics, social work and understanding of tax and financial implications.

  • Global Leadership – Make Canada known and respected on the world stage as a champion of the family. Define the importance of healthy families to society, determine meaningful statistics, set goals to improve the state of families and influence a global community to do likewise.

FACTS ABOUT DIVORCE