Divorce Act of Canada	English	French
New Divorce Act...	English	/ French

This enactment amends the Divorce Act to introduce a new approach to parenting arrangements, based on “parental responsibilities”. Rather than making custody and access orders, the court will make “parenting orders”. The “parenting orders” may allocate “parenting time” as well as decision-making responsibilities regarding the child’s health care, education, religion and other matters. The court will also be able to make “contact orders” governing contact between the child and persons other than the spouses. Both types of orders are based on the “best interests of the child”. The “best interests of the child” are determined in the light of a non-exhaustive list of criteria that the court must consider.

The often hurtful language of “custody” vs. “taking out rights”, which often made “non-custodial” parents feel relegated to second class status, will be eliminated. This does not mean that “joint custody” becomes the new religion to determine the welfare of children! Eliminating one kind of dogma to replace it with a “new” dogma would be just as harmful for children. “Parenting plans” should be formulated to bring out the best in all parents, whatever their sex and without regard to traditional biases about what roles mothers or fathers “should” fulfill. A child deserves to have both parents make their maximum efforts to fulfill their responsibilities. We have certainly come a far way from fathers being relegated to “Sunday daddies” and mothers having all the burden of child care!