In a 2013 report, Justice Thomas Cromwell called for a “complete overhaul” of the family law system “from the ground up,” with a focus on ending a fixation on combat. The report goes on to say that estranged spouses and their children are seriously damaged by the current adversarial system. Canada’s legal community, which profits immensely from the current system, is actively opposed to this legislation. This is despite the popularity of equal shared parenting among Canadians (80-85% approval among both men and women equally), the success these types of reforms are having elsewhere in the world, and the concerns raised by the Supreme Court.
Establishing shared custody as the default position is a practical way of ending bitter court battles and keeping fit parents involved in their children’s lives — both of which will greatly enhance the outcomes for children. As stated by Saskatchewan’s prior Justice Minister, the Honourable Don Morgan, taking such a step in the Divorce Act would have the same positive impact that creating a similar in the Matrimonial Property Act had. It would help end many bitter court battles, as the treatment by the courts would be consistent and predictable — property is shared unless there is some specific and compelling reason that it should not be.
Sadly, the current family law system is promoting the conflict and disenfranchisement of parents that is most harmful to children. It pits parents against each other in bitter court battles that frequently result in a “winning” and “losing” parent.
Ryan Glass: Fixing Canada’s Divorce Act | National Post
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