Bill C-78 (Historical)

An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

This enactment amends the Divorce Act to, among other things,
(a) replace terminology related to custody and access with terminology related to parenting;
(b) establish a non-exhaustive list of criteria with respect to the best interests of the child;
(c) create duties for parties and legal advisers to encourage the use of family dispute resolution processes;
(d) introduce measures to assist the courts in addressing family violence;
(e) establish a framework for the relocation of a child; and
(f) simplify certain processes, including those related to family support obligations.
The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things,
(a) allow the release of information to help obtain and vary a support provision;
(b) expand the release of information to other provincial family justice government entities;
(c) permit the garnishment of federal moneys to recover certain expenses related to family law; and
(d) extend the binding period of a garnishee summons.
The enactment also amends those two Acts to implement
(a) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and
(b) the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things,
(a) give priority to family support obligations; and
(b) simplify the processes under the Act.
Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.

Third Reading

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Mr. Speaker, I am supportive of the bill, but I was hoping that it would go a little further. In the event of a marital breakdown, the Divorce Act should grant joint custody or shared parenting unless it is clearly demonstrated that it is not in the best interest of the child. I am hoping that when it is, and unless demonstrated otherwise, the bill would grant shared parenting or joint custody. I would like a response from the parliamentary secretary.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, first, I would like to congratulate my friend on the other side for his election and for his recent membership on the justice committee.

Shared parenting is an important issue. It came up in the time allocation debate. Shared parenting is not entrenched in law right now. We are continuing to not apply shared parenting as a presumption in law with these amendments. What we are doing is focusing on the best interests of the child on a case-by-case basis. That is the default proposition. That requires a unique analysis in each instance. It is very important to understand that and to understand that maximum contact with parents is entrenched in the legislation, but always with the qualification that it be in the best interest of a child.

[The Assistant Deputy Speaker, Anthony Rota]

It being 5:45, pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, Anthony Rota]

(Motion agreed to, bill read the third time and passed)

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I suggest if you were to canvas the House, you would find unanimous consent to see the clock at six o'clock so we can proceed with the day.

[The Assistant Deputy Speaker, Anthony Rota]

Is that agreed?

[Some hon. members]

Agreed.