An Act to amend the Divorce Act (equal parenting) and to make consequential amendments to other Acts

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

Maurice Vellacott  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Introduced, as of June 16, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Divorce Act to replace the concept of “custody orders” with that of “parenting orders”. It instructs judges, when making a parenting order, to apply the principle of equal parenting unless if it is established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Divorce Act
Routine Proceedings

June 16th, 2009 / 10:05 a.m.
See context

Conservative

Maurice Vellacott Saskatoon—Wanuskewin, SK

moved for leave to introduce Bill C-422, An Act to amend the Divorce Act (equal parenting) and to make consequential amendments to other Acts.

Mr. Speaker, I am quite honoured to be introducing a private member's bill today which would direct the courts in regard to divorce to make equal shared parenting the presumptive arrangement in the best interests of the child, except in proven cases of abuse or neglect.

Over 10 years ago a joint House-Senate committee presented to Parliament a report entitled, “For the Sake of the Children”. That report urged Parliament to amend the Divorce Act to make equal shared parenting the normative determination by courts dealing with situations of divorce involving children. This non-partisan recommendation from that joint House-Senate report was based on compelling research made available to the committee members.

Over the past 10 years the best research has continued to demonstrate the far superior outcomes for children in general when both parents, mom and dad, are actively involved in their children's lives even if the parents divorce or separate. Polling from the past two years demonstrates overwhelming support from Canadians for equal shared parenting. There is in fact slightly more support among women than men for equal parenting.

This strong support from almost 80% of Canadians exists across the country with the strongest regional support coming from Quebec and Atlantic Canada. Canadians claiming to be Liberal and Bloc supporters expressed the strongest endorsement for equal shared parenting at 80.6% among Liberals and 82.9% among Bloc Québécois supporters.

A variety of countries, such as Belgium, Denmark, Norway, Australia and various U.S. states have implemented equal parenting, joint custody or shared parenting presumptive legislation which has resulted in lowered court costs, less conflict and improved social outcomes for the children of divorce.

This bill is one of the most apolitical, non-partisan pieces of legislation introduced in this current Parliament. I look forward to strong support for this important piece of legislation from all members of Parliament who are committed to the best interests of our Canadian children.

(Motions deemed adopted, bill read the first time and printed)