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ARTICLE · 25 MAY 2018

Modernizing The Divorce Act: Major Changes Announced

Alexander Holburn Beaudin + Lang LLP
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Notable changes are expected to be coming to the federal Divorce Act in the form of Bill C-78, which was introduced in the House of Commons on May 22, 2018.

CanadaFamily and Matrimonial
Emma Ferguson
Emma Ferguson
Catherine Provan
Catherine Provan
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Notable changes are expected to be coming to the federal Divorce Act in the form of Bill C-78, which was introduced in the House of Commons on May 22, 2018. Bill C-78 marks the first substantial reform to the Divorce Act in over 20 years. In this blog, we touch on a few highlights.

1) Modernizing the Language Regarding Custody and Access

The amendments eliminate the word "custody", instead giving courts the power to make orders regarding "parenting time or decision-making responsibility." This change brings the language of the Act in line with the British Columbia Family Law Act, and is thought to shift the focus away from parenting rights towards parenting responsibilities. A person who is not a parent of a child can apply to court to have "contact" with the child.

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