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  • Changes to the Divorce Act

    Can someone explain what the changes to the divorce act entail and how that would impact cases going forward?
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  • #2
    116 views and no one has any information to the changes?

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    • #3
      https://www.justice.gc.ca/eng/fl-df/cfl-mdf/index.html

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      • #4
        Originally posted by MjD View Post
        116 views and no one has any information to the changes?
        I expect false domestic abuse charges will skyrocket.

        People will also suddenly find that they are much more religious.

        Otherwise, same old, same old.

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        • #5
          Originally posted by Janus View Post
          I expect false domestic abuse charges will skyrocket.
          Agreed, especially in today's day and age. It is very subjective and the changes give open interpretation to phrases like "I felt threatened". Or "He is so controlling." The changes only promote more high conflict cases.

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          • #6
            I hope we'll see more of an intersection between the criminal courts and family courts. There are a few of these combined courts in Ontario- but I'd like to see more. That the same judge can preside over the criminal case and the family case. In the case of false accusations- the benefit is that false accusations can be cleared up quickly and not create a false status quo. Also, it may rightly create a negative inference into the parenting ability of the false accuser. On the other hand- where a parent is charged with a violent crime - it will be tracked. And the family courts won't be constantly waiting for criminal matters to resolve- which just keeps a family in the court system longer- escalating tensions.

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            • #7
              Originally posted by iona6656 View Post
              That the same judge can preside over the criminal case and the family case.
              I agree, that alone would be extremely useful.

              Let the abusers quickly lose custody, let the falsely accused rapidly regain custody.

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              • #8
                I feel joint counseling should be mandatory for separated or divorced parents. Both parents in a room with a counselor to learn to rebuild respect and co-existence as part of finalizing a high conflict case. A person who is financially prudent gets painted as controlling towards money (and therefore financially abusive) in court documents. Safe counseling jointly may help set things straight of misconceptions or ill-informed labeling. My ex learned the "A" word and it near impossible to convince her otherwise. Everything is abusive in their view...

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                • #9
                  Originally posted by LovingDad1234 View Post
                  I feel joint counseling should be mandatory for separated or divorced parents. Both parents in a room with a counselor to learn to rebuild respect and co-existence as part of finalizing a high conflict case. A person who is financially prudent gets painted as controlling towards money (and therefore financially abusive) in court documents. Safe counseling jointly may help set things straight of misconceptions or ill-informed labeling. My ex learned the "A" word and it near impossible to convince her otherwise. Everything is abusive in their view...
                  Agree with the joint counselling- however, there has to be a screening process to determine whether there is an abusive dynamic. It doesn't help the situation to put an abuser and a victim in the same room to try to work something out. There ARE skilled counselors who can work with that dynamic- but even then, it's hard.

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                  • #10
                    Originally posted by Janus View Post
                    I agree, that alone would be extremely useful.

                    Let the abusers quickly lose custody, let the falsely accused rapidly regain custody.
                    .....sarcasm?

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                    • #11
                      Originally posted by LovingDad1234 View Post
                      I feel joint counseling should be mandatory for separated or divorced parents. Both parents in a room with a counselor to learn to rebuild respect and co-existence as part of finalizing a high conflict case. A person who is financially prudent gets painted as controlling towards money (and therefore financially abusive) in court documents. Safe counseling jointly may help set things straight of misconceptions or ill-informed labeling. My ex learned the "A" word and it near impossible to convince her otherwise. Everything is abusive in their view...
                      Only if the appointed counsellors are truly expert and not inexperienced therapists. Independent, objective and trained in family law.
                      My experience with therapists has been sketchy.
                      Lack of expertise at high rates.
                      Now where have I heard that before.

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                      • #12
                        I agree with Iona that not all couples will make good candidates for mandatory counselling. Where one spouse is mentally Ill counselling will not go anywhere. Such as in my case if I had to sit in a room with my mentally I'll spouse who suffers from psychosis it would literally be the end of me. Ever try to reason with someone who is psychotic? Although would be nice if the courts had support for those of us in this scenario.

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                        • #13
                          Originally posted by iona6656 View Post
                          .....sarcasm?
                          No. I was completely serious. I think abusers should lose custody, and I think that false allegations should have consequences. Currently, neither really happens. Instead, victims say that the accused should be deprived of their children "just in case", and the accused say that they should have their kids, because accuser might be lying.

                          There is a middle ground between "false allegation" and "conviction". Sometimes the truth is simply not known. However, if there was a single judge, then while a definitive conclusion was not reached, the judge could use that information when crafting a parenting plan.

                          Probably a false allegation? The accusing parent is a risk of setting up an alienating environment, and should never have more than 50% parenting time. Probably actual abuse? Abusing parent probably cannot be trusted, structure parenting time appropriately with supervision in place.

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                          • #14
                            Originally posted by Janus View Post
                            No. I was completely serious. I think abusers should lose custody, and I think that false allegations should have consequences. Currently, neither really happens. Instead, victims say that the accused should be deprived of their children "just in case", and the accused say that they should have their kids, because accuser might be lying.

                            There is a middle ground between "false allegation" and "conviction". Sometimes the truth is simply not known. However, if there was a single judge, then while a definitive conclusion was not reached, the judge could use that information when crafting a parenting plan.

                            Probably a false allegation? The accusing parent is a risk of setting up an alienating environment, and should never have more than 50% parenting time. Probably actual abuse? Abusing parent probably cannot be trusted, structure parenting time appropriately with supervision in place.
                            ding ding ding.

                            this is exactly what I think. There is middle ground- and I think one judge would be able to get the whole story.

                            And even with abusers- I hope my story is one which shows that there is even middle ground with abusers too- where they have the possibility of regaining custody- and significant parenting time with the child(ren). The judge at our settlement conference actually asked both of our lawyers if they think we really have a chance of settling this? because she was concerned with the "history" of our file. And she didn't want "jump the gun" on approving a settlement. I really appreciated that. I think there are some good judges who would do well overseeing both types of matters.

                            Comment


                            • #15
                              Originally posted by Janus View Post
                              No. I was completely serious. I think abusers should lose custody, and I think that false allegations should have consequences. Currently, neither really happens. Instead, victims say that the accused should be deprived of their children "just in case", and the accused say that they should have their kids, because accuser might be lying.

                              There is a middle ground between "false allegation" and "conviction". Sometimes the truth is simply not known. However, if there was a single judge, then while a definitive conclusion was not reached, the judge could use that information when crafting a parenting plan.

                              Probably a false allegation? The accusing parent is a risk of setting up an alienating environment, and should never have more than 50% parenting time. Probably actual abuse? Abusing parent probably cannot be trusted, structure parenting time appropriately with supervision in place.

                              COMPLETELY agree! my own opinion and experience....anything was and can be said, nobody seemed to care

                              Comment

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