This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.
This bill was previously introduced in the 37th Parliament, 3rd Session and the 37th Parliament, 2nd Session.
Jay Hill Conservative
Introduced as a private member’s bill. (These don’t often become law.)
Not active, as of Oct. 20, 2004
(This bill did not become law.)
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC
So my understanding is that Bill S‑245, in its current form, needs the changes that you mentioned, because there are still what might be called some grey areas.
Jay Hill Conservative Prince George—Peace River, BC
moved for leave to introduce Bill C-245, an act to amend the Divorce Act (shared parenting).
Mr. Speaker, I would like to thank my colleague from Provencher for seconding the bill.
It is the first private member's bill I would like to reintroduce in Parliament this afternoon. It would ensure that courts granted shared custody of a child to both spouses undergoing a divorce, unless there existed evidence that it would not be in the best interests of the child or children.
The bill includes the recommendations of the joint House of Commons and Senate subcommittee on custody and access. The subcommittee issued its report in 1998, six years ago, yet despite the input of hundreds of parents, social workers, lawyers and child advocates, the government has shelved those recommendations. As a result, Canada's Divorce Act remains an antiquated, dysfunctional piece of legislation that does not reflect the realities of life in this century.
Also, at this time I am seeking the unanimous consent of the House that the bill be numbered C-245 as it was known in the last Parliament.
(Motions deemed adopted, bill read the first time and printed)
Jay Hill Canadian Alliance Prince George—Peace River, BC
moved for leave to introduce Bill C-245, an act to amend the Divorce Act (shared parenting).
Mr. Speaker, I am pleased to once again introduce this bill.
Unfortunately, all too often in Canada our courts do not consider the best interests of the children in divorce rulings and grant sole custody only to one parent.
Shared parenting should not be awarded only under special circumstances but it should be granted under all circumstances except in cases of proof of abuse, neglect, mistreatment or if it is not in the best interests of the child. The bill would ensure both parents are put on an equal footing and reduce the likelihood of one parent denying the right of the other to see their children.
The Special Joint Committee on Child Custody and Access recommended legislation on shared parenting almost five years ago, yet to date the government has done nothing to help the children of divorced parents.
(Motions deemed adopted, bill read the first time and printed)