Bill C-560 (Historical)

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

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 it is established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

Shared Parenting

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, these undersigned petitioners are drawing the attention of this House of Commons to the fact that children ordinarily thrive best when being raised by both parents, their father and their mother, even when those parents divorce, so the petitioners are calling on Parliament to amend the Divorce Act, as in my Bill C-560, to require equal shared parenting to be treated as the rebuttable presumption in custody decisions, except, of course, in cases of proven abuse or neglect.

Divorce Act

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I would like to present a petition from some 900 residents of my constituency. The undersigned citizens of Canada call on Parliament to amend the Divorce Act as in MP Maurice Vellacott's bill, Bill C-560, to require that equal parenting be treated as the rebuttable presumption in custody decisions, except in the cases of proven neglect or abuse.

Reform Act, 2014

[The Acting Speaker, Bruce Stanton]

As the hon. member mentioned, he will have four minutes when the House resumes debate on this motion. It will not be today.

The time provided for the consideration of this item of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.

Pursuant to Standing Order 30(7), the House will now proceed to the consideration of Bill C-560 under private members' business.

Divorce Act

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, my private member's bill, Bill C-560, is about a child's best interests, about a child's right to two primary parents and equalizing that access. The current system is focused on parents' rights, not children's rights. Published decisions in our current adversarial system show a cookie cutter approach of making one parent a primary parent, and marginalizing the other to someone the children get to visit from time to time.

The legislation still on the books is three decades old. Social science research has conclusively revealed the need for children of divorce to have the significant involvement of both parents. Bill C-560 would provide that, while retaining sufficient judicial discretion for custom parenting plans.

A full response to questions raised about the bill is found in a myths and facts document already sent to all MPs and senators. I urge my colleagues to actually read that document.

The vast majority of the public, over 75%, support equal shared parenting. Therefore, I urge my colleagues to support Bill C-560 at second reading to get it to committee, to hear witnesses and leading researchers, and to make adjustments as necessary.

Our children deserve nothing less. Let us do it for the sake of the children, for the best interests of the children.

[Gord Brown, Conservative, Leeds—Grenville, ON]

Mr. Speaker, the second petition is from constituents in my riding, calling on the government to support Bill C-560.

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, I am pleased to present this petition from individuals in my riding in support of private member's Bill C-560 for amendments to the Divorce Act.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I rise to present a petition. The petitioners are drawing attention to the fact that children thrive best when raised by both parents, even in the course of a breakdown of the marriage. Therefore, the petitioners are calling on Parliament to amend the Divorce Act, as in my Bill C-560, to require that equal shared parenting be treated as the rebuttable presumption in custody decisions, except in cases of proven abuse or neglect.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, the second petition calls upon Parliament and the House to support Bill C-560, to require equal shared parenting to be treated as a rebuttable presumption of custody decisions, except in cases of neglect and abuse.

Shared Parenting

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I have had a difficult decision to make. I have four items on the order paper, and all of them are of great importance.

One is a democratic reform initiative, two are explicitly pro-life measures, and the one bill I have on the order paper is for the sake of the children. They all deserve to proceed in this place, but regrettably I can only choose one at this time.

I have selected Bill C-560 to move forward to second reading debate in this chamber. It is my bill to amend the Divorce Act to make equal shared parenting a rebuttable presumption in cases of marital breakup involving children.

Aside from proven abuse or neglect, over three-quarters of Canadians want equal shared parenting to be the presumption in our courts when marriages unfortunately break down. Research clearly demonstrates that equal shared parenting is in the best interests of children.

Also, based on conversations I have been a part of, I have good reason to believe that the other three items I have on the order paper will be picked up in due course by other good MPs who have spine and foresight. For that I am also truly grateful.