April 19, 2021

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Amendments to the Divorce Act: Everything You Wanted to Know From Taylor McCaffrey Lawyer Lawrence Pinsky

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WINNIPEG, Manitoba — Taylor McCaffrey LLP Partner and Family Lawyer Lawrence Pinsky has written an article on Bill C-78 (the “Bill”), which comes into force on March 1, 2021. It represents the first major changes to the Divorce Act (the “Act”) aside from the Child Support Guidelines, since the present form of the legislation came into being in 1985. Arguably, the Act sets the tone for the resolution of family law disputes regardless of whether jurisdiction for separating families is federal, provincial, or both.

Much has changed in Canadian society over the past approximately 36 years. It is or should be plain that family law in both substances and structure must evolve to reflect those changes.

Mandating best known practices and approaches in the area is critical. There is little doubt that the Bill represents positive changes for families having to cope with separation and divorce.

Beyond amending the Act, the Bill also enshrines Canadian obligations pursuant to the Hague Convention into the Act and attempts to create a better enforcement environment for support orders.

The Bill appears to be in part the product of work that has been undertaken by various provincial governments and stakeholders of different political stripes across the country.

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The Bill replaces the language of custody and access with parenting orders. The intention here is to permit parents to refocus away from the win-loss regime of custody and access toward a ‘sharing of powers’ regime. Although new to Manitoba, Canada as a whole has seen this type of amendment before. Alberta and British Columbia, for example, both have similar language in their provincial legislation. Indeed many of the amendments take an approach that was first seen in BC some years ago.

The Bill also adds a test to assist the Court in determining relocation applications, enshrines a positive duty to encourage parties to pursue dispute resolution outside of litigation, defines “best interests” as the only test in dealing with the determination of parenting regimes, and provides a list of factors to determine best interests.

Taylor McCaffrey LLP is one of Manitoba’s leading law firms. Our driving focus is to provide exceptional legal advice. Drawing upon our recognized expertise and extensive experience, our team works collaboratively to create solutions that are comprehensive, innovative and effective.


View source version on businesswire.com: https://www.businesswire.com/news/home/20210301005120/en/



Media please contact:
Lawrence Pinsky, Partner, Family Lawyer; Taylor McCaffrey, LLP Barristers and Solicitors
(204) 988-0451
Geoff Nevin, Marketing Manager, Taylor McCaffrey Lawyers
(204) 250-5411


Business Wire

2021-03-01 19:37:05

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