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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #51 (permalink)  
Old 09-19-2010, 03:11 PM
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Originally Posted by billiechic View Post
I'm not sure if I support the bill yet. I am more worried about what sorts of "proof" would be needed to change the situation from equal parenting to something different.

Most of you know I came from an abusive relationship. I choose not to call the police, so my "proof" can only come from my sworn affidavit and from what I told the women's shelter and counsellors. Is that enough to change the automatic shared parenting, shared custody? How exactly do you quantify what is enough?
From what I have seen of the bill, and I have seen many variations of the wording, and have spoken to many of the players involved with it, If there are any concerns as to violence, then this does play a part in the access, and will be decieded by a judge, much as it is now.

The biggest thing this bill will do for most starting on the divorce path is to start it out on equal footing. Neither parent is to be given more advantage or weight in the outcome. But each case will still be considered on it's merits, and according to the best interest of the child.

For me, I was active in raising the kids before the separation, but was removed of my rights after. I fought long and hard to get my rights, and now have custody because of how the mother acted, and continues to act. I should never have had to fight for my rights.

Feminists claim that women and children will be harmed by this bill, they go on to say that more women look after kids than men any ways, and that this bill is only there to let men get out of child support obligations.

None of these arguments are true. If the role of the parents before the divorce was 90% mom looking after the kids, then it will most likely stay that way after the divorce. Bill 422 will make no difference.

If the access is still less than 60/40 split, then full guidelines will be used.

If there was any violence in the relationship, then this will affect how access is divided.

The Canadian Bar Association National Family Law Section (CBA Section) appreciates the opportunity to explain why it is critical for legislators to retain the “best interests of the child” test as the paramount consideration in making determinations of custody and access of children. We have frequently stressed this point in past submissions,1 and are prompted to reiterate it now in response to a Private Member’s Bill sponsored by Maurice Vellacott that would instead impose a presumption of equal parenting time.
The CBA represents more than 37,000 lawyers across Canada. The CBA’s mandate includes improvement in the law and the administration of justice. The CBA Section includes family lawyers from every part of the country. We are collaborative practitioners, litigators, mediators, arbitrators and parenting coordinators. Our clients are fathers, mothers, same sex partners, surrogates, step-parents, grandparents, extended family members and children. The CBA Section believes that any discussion of “parental rights” is misguided when resolving arrangements for children. The sole focus must be what is best for children. In light of this position, we vigorously oppose passage of Bill C-422.
At first glance, it could seem that the ideas proposed by the Bill are only about equal treatment of mothers and fathers. We certainly support equality between the sexes. However, the Bill would actually not advance equality. Rather, it would change the primary focus in custody and access matters from what is best for children to equal parental rights. Parenting is not about adults claiming rights. It is about the desire and ability to put children’s interests first. Where divorcing parents cannot do that, for whatever reason, courts must not only be free to, but required to do so.


Why are these people against C422? Bottom line is there will lose their gravy. No more big drawn out legal battles. Obviously they know it is the right thing to do, otherwise they would not be against it.


Here are two reports of groups that oppose C422.

http://www.cba.org/CBA/submissions/pdf/10-43-eng.pdf

http://www.nawl.ca/ns/en/documents/2...C-422brief.pdf

Both have vested interests to oppose any changes to the status quo. Both are money related, and nothing to do with children's rights.

Last edited by Mess; 07-28-2012 at 11:40 PM.
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Old 09-19-2010, 10:38 PM
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You guys sound surprised....I am not, although I'd do my happy dance if it passes into the senate!
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Old 01-14-2011, 06:42 PM
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Bill C422 is not intended to place children in unsafe environments. It is intended to allow children the right to see BOTH parents equally. Why does a child lose a Dad just because his/her parents get a divorce? The system as it stands today is highly adversarial. Let us do something about it. Let us work together for the children . Canada needs divorce reform now! Australia can do it so can we. Call everyone you know and tell them about this bill...get the word out...call your mpp send letters to everyone on all sides of the political spectrum. Use facebook to tell fellow Canadians.. Young people would be shocked if they knew how archaic our family laws are. I certainly was.
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Old 01-16-2011, 07:06 PM
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Well, I am planning a run/walk/bike in support of, with a big focus being on the after effects on divorce for parental relationships with their children, as well as other longterm relationships...

One of my utter irritants is the fact that parent a gets custody, parent b pays support...parent a can go on, move on, build a new life...but if parent b tries to, any children of that are treated as second class citizens to the first child...and before anyone attacks that, maybe contact me for the full picture, or ask what this opinion is based on...

40% of all second families (to dads) live at or below the poverty line, where 23% of second relationships (to moms) do. Why are children suffering for the parents decisions? Why are they treated differently under law? If those 2 children were born to the same parents who then divorced, child support would be nowhere near the level it is otherwise, treating each child as a single child....THAT is what I will be fighting for next year...the ability to keep all children pre-and-post-divorce equal! And that can only be done if the government acknowledges 2 basic facts: Parents are equally important, and second families should not mean financial success for custodial parents while financial ruin for non-custodial parents....

However, I would not urge anyone to do anything on this right now or soon, as the powers that be will shortly call an election. After an election, Bill C-422 starts from scratch once again
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Old 02-03-2011, 03:28 PM
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Where does this Bill stand now? Any chance it may pass into law with the upcoming parlaiment session?
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Old 02-03-2011, 06:59 PM
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Try here for updates.
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Old 02-04-2011, 08:13 AM
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Try here for updates.
The link seems to be only a link to Google.ca.
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Old 02-04-2011, 06:32 PM
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It is

But the neat thing is if you type in 'Bill C 422' you'll find a wealth of u pto date info on it!











sorry...it's the smartass in me, i'm working on it....
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Old 02-05-2011, 07:07 PM
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updates...

The bill is due for second reading in Fall, 2011. However, that only occurs if there is no election first. And if you are in the NCR, you know the word on that...
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Old 02-17-2011, 01:20 PM
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Quote:
Originally Posted by InterprovincialParents View Post
updates...

The bill is due for second reading in Fall, 2011. However, that only occurs if there is no election first. And if you are in the NCR, you know the word on that...
I'm not that familiar with our beloved parliament system. I know it's a private member's bill, so it would take up to 2~3 year to debate or passing into law?
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