Madam Speaker, I want to thank the member for Fraser Valley for the work he has done on this issue. Although we are not that close in terms of seating arrangements, I think most of us acknowledge that he has done a good job on this issue and it does deserve some attention from the House. I want to put a few points on the record.
In December 1997 the Special Joint Committee on Child Custody and Access undertook a challenging task to examine the issues relating to custody and access arrangements after separation and divorce, with special emphasis on the needs and the best interests of the children. Over a 12 month period the committee held 55 meetings and heard from over 520 witnesses. The committee also received hundreds of letters and detailed briefs from concerned citizens and professionals interested in various aspects of the study.
In December 1998 the report came back to the House. It took the government five months to issue a draft response to the report. At the time the Minister of Justice said:
The Committee’s review has shown that those who must turn to the system would be better served by a less adversarial approach that encourages parental responsibilities and provides both parents with opportunities to guide and nurture their children. In most cases, children and youth benefit from meaningful relationships with both mothers and fathers.
It has been over four years now and nothing has been done. The committee report told the government that the Divorce Act should be amended and recognized that the parents' relationships with their children do not end upon separation or divorce.
Among the many suggestions made, the committee pointed out that children should have the opportunity to be heard when parenting decisions affecting them are being made. It also pointed out that those children whose parents divorce should have the opportunity to express their views to a skilled professional whose duty it would be to make these views known to any judge, assessor or mediator making or facilitating a shared parenting determination. As well, the court should have the authority to appoint an interested third party, such as a member of the child's extended family, to support and represent the child during parental separation or divorce.
The committee also noted that the relationships of grandparents, siblings and other extended family members with children be recognized as significant and that provisions for maintaining and fostering such relationships where they are in the best interests of these children be included in the parenting plans.
Some men's groups and fathers asked that the committee consider recommending a presumption in favour of shared parenting or joint custody. They argued that this would be the only way to ensure that both parents negotiated or participated in mediation in good faith and with the children's best interests as the main focus.
While the committee made no such recommendation, it did recognize the value of shared decision making and equal time sharing where appropriate. Witnesses included psychologists and social workers who stated that children benefit from maintaining a relationship with both parents after divorce.
Dr. John Service, executive director of the Canadian Psychological Association testified at the committee. He stated:
The best solutions are, of course, those that can effect a separation and divorce with a minimum of trauma. Generous custody and access arrangements are most often in the best interests of the children and parents.
The witnesses from Families in Transition testified that the children they see seem to be more secure when the parental conflict has decreased and when the child feels sure of the parental commitment of love for them.
Many witnesses testified that parenting education immediately following the separation would help reduce conflict between divorcing spouses. This in turn would benefit the children by making parents aware of how divorce affects them and the damage that can be caused by ongoing conflict. We see that in our communities, that ongoing conflict with no resolution.
Several witnesses presented detailed evidence about parenting education programs offered in their communities. In Alberta, for example, a parenting education program entitled “Parenting After Separation” has become mandatory and parents must attend the course before they can proceed with an application for divorce. In other parts of the country social service agencies, community groups, family court clinics and at least one law firm, yes, a law firm, offer educational programs.
“For the Sake of the Children” was a positive step toward laying the foundation for legislation which would take into consideration the best interests of the child when these unfortunate circumstances occur.
The Progressive Conservative Party supports shared custody as long as it is in the best interests of the children. We are proud to say that we played an effective role on the special joint committee. We were a strong voice on the issue of shared custody. We feel that the courts should work in harmony with social services to ensure that no matter what the custody arrangement, the best interests of the children would be paramount.
We share the frustration of many Canadians knowing that our children would continue to suffer because the recommendations for change would not be legislated into law. The Liberal government seems unwilling to take action on this issue. We recommend any proposal that would move this into the view of the House and the Canadian public. We need legislation that would give fair and equitable treatment to both parents involved in child custody arrangements while ensuring the best interests of the children.
We acknowledge there are problems in the current system. After a bitter divorce some parents deny visitation access to the other parent and use their children to get even with their former spouses. That is happening across the country as we speak.
We have seen recent abductions of children by non-custodial parents who have become desperate after repeatedly being denied visitation rights. None of us can defend that kind of action, but it provides evidence of the negative effect that this has on our children. Shared custody should help avert the often extreme animosity that exists between divorced parents fighting for access to their children. This would provide a much healthier environment with less conflict for children to grow up.
Along with my PC colleagues I hope the government would put children first and take the necessary action to fix the problems, and to implement the recommendations of this report. We support the motion.