All court decisions relating to children are made using what is called the best interests of the child test. This means that courts must focus on what is best for children as opposed to considering so-called rights or interests of either parent.
The Divorce Act and most provincial/territorial legislation provide criteria for courts to use when considering the best interests of the children.
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Identifying the presence of intimate partner violence (IPV) in a new family law file has never been easy for lawyers, but help has arrived in an important new tool recently released by Justice Canada.
The HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisors became available in early January,
The court can order that one parent have all the decision-making responsibilities or that you and your partner share this responsibility and will consider what is in the best interests of your child when making an order about how decisions are to be made.
One of the most troubling kinds of post-separation abuse is legal bullying: the intentional misuse and manipulation of family laws and family court processes by the abuser.
When parents separate, they must make arrangements for their children, including where children spend their time and how decisions are made. The best interests of the child test is the test that is applied by a family court judge to decide parenting arrangements.
This test is the only test that the court can use for establishing parenting arrangements.
In his August 19th article, Considering mediation as a default resolution process in light of new family law duties in The Lawyer’s Daily, Oren Weinberg makes a strong case for the value of mediation for people seeking to resolve family law disputes. I don’t disagree with anything he says.
Why should we make legal and justice systems more inclusive, responsive and equitable?
Anyone wishing to apply for a peace bond can now do so online.
The values and principles that inform the report on the National Action Plan on Violence Against Women and Gender-based Violence.
The report for the National Action Plan on Violence Against Women and Gender-based Violence is a ready roadmap for change. Here’s how it works:
