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Oct 6, 2022 · In March 2021, the government ushered in the first significant changes to the Divorce Act, RSC 1985, c 3 (2nd Supp) in over 35 years. The federal government made many significant changes, but some of the most notable are changes in terminology and definitions. In particular, the terms “custody” and “access” were removed from the Act and ...
Sep 9, 2021 · Sept. 9, 2021. According to figures from the Superior Court of California, divorce filings are up significantly in Los Angeles over the last five months, as compared with the same period in 2020 ...
- Overview
- Definitions
- Jurisdiction
- Duties of Parties, Counsel, and The Courts
- Parties’ Duties
- Counsel’s Duties
- Courts’ Duties
- Collusion Defined
- Best Interests
- Maximizing Parenting Time
The Bill was first tabled in Parliament on May 22, 2018 by the former Minister of Justice, the Honourable Jody Wilson-Raybould. After committee hearings, a Ministerial change to the Honourable David Lametti, certain amendments, approval at the Senate and proclamation, it is now about to come into force. There has been near universal approval of the...
The best place to begin an analysis of the Bill is the definitions section. The Bill abolishes the definitions of “custody” and “access”. Instead we see a number of new terms defined in the legislation. Some of the key terms are: 1. “Contact order”, defined as an order providing access to a child for a person other than a spouse under s. 16.5(1); 2...
The Bill addresses jurisdictional issues that are only likely to be relevant in rare cases. There are changes here however that mandate brief consideration. Sections 4(2) and 4(3) state that where divorce proceedings are pending in two Courts that would otherwise have jurisdiction on different days, and the proceeding that was first commenced is no...
Another significant change arising from the Bill addresses the duties of parties, lawyers, and the Courts. These changes may be found in ss. 7.1 – 7.8 (inclusive).
Section 7.1 of the Bill mandates that a person who has parenting time or decision‑making responsibility, or who has contact pursuant to a contact order, is required to exercise their time, parenting responsibility, or contact in a manner consistent with the child’s best interests, as defined in the Act. At s. 7.2, anyone who is a party to a proceed...
Counsel have the duty, unless the circumstances of the case would make it inappropriate to do so, to: 1. draw to the attention of the spouse the provisions of the Act that have as their object the reconciliation of spouses; 2. discuss the possibility of reconciliation, and to inform spouses of marriage counselling and guidance facilities that might...
Courts also have certain obligations under the Act that are intended to coordinate proceedings and to identify orders, undertakings, recognizances, agreements, or measures that may conflict with an order under the Act. In many respects presently these obligations will be downloaded to parties so that they are obliged to disclose. In the future howe...
At s. 7.8(4), the definition of “collusion” is set out and specifically excludes separation agreements or similar types of agreements. It is unclear why collusion needed to be specifically defined, as one would have thought that separation agreements were clearly not matters of collusion; however, the government elected to be clear on the definitio...
Section 16(1) makes clear that the Court is only to take into consideration the best interests of the child of the marriage in making a parenting order or contact order. This finally and definitively puts to rest any notion of presumptions of equal parenting. There simply is no such presumption. It is quite clear that the best interests of the indi...
Section 16(6) mandates that in allocating parenting time, the Court is to give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child. This section can be contrasted with the existing “maximum contact” principle at s. 16(10) of the Act prior to the amendments coming into ...
Apr 11, 2022 · Pandemic divorce levels varied across states. South Carolina had the greatest shortfall, with nearly one third fewer than expected divorces (P score = −32.9 percent), followed by Georgia (P score = −24.3 percent). Four states—Washington, Arizona, Wyoming, and Hawaii—did not have shortfalls relative to expected divorces. Washington had ...
Aug 16, 2023 · Both the marriage and divorce rates have declined from 2011 to 2021. In 2011, there were 9.7 divorces per 1,000 women in the US. In 2021, the divorce rate decreased to 6.9 per 1,000 women. The same goes for marriage. In 2021, the marriage rate was 14.9 per 1,000 women, down from 16.3 a decade ago.
Nov 29, 2016 · Divorce Now. Fast forward to the present, divorces are routinely granted. Basically, the court will want to know if there is any chance of a reconciliation or any possibility of the spouses continuing to live together. If not, the marriage will be terminated and a judgment of divorce entered.
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Apr 5, 2021 · In the remaining four states, divorce shortfalls have occurred. As more data become available, it will be important to acknowledge these state variations in response to the pandemic. The U.S. marriage and divorce rates have been on a declining trajectory ( Reynolds 2020a , 2020b ), but there is limited empirical evidence about levels during the pandemic.
