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  • New Post on Bill C 422

    Now Conservative got the majority, and Mr. Maurice Vellacott who brought up Bill C-422 for equal parenting seemed to have got re-elected. What will happen for the private member's bill now?

    Will it be re introduced again and be re lined up for voting, or it can be voted in the fall as it had stood before the election was called in March?

    Any thought on this from those who know the parliament system?

  • #2
    422 died with the previous parliament.

    There is no bill in existence at the present time.

    The bill may be reintroduced by Mr Vellecott if he choses to do so, but nothing is done automatically.

    The reintroduced bill will start from scratch, meaning three readings, committee, senate etc.

    If you want to take action the first thing to do would be to write Vellecott.

    Comment


    • #3
      Originally posted by Mess View Post
      422 died with the previous parliament.

      There is no bill in existence at the present time.

      The bill may be reintroduced by Mr Vellecott if he choses to do so, but nothing is done automatically.

      The reintroduced bill will start from scratch, meaning three readings, committee, senate etc.

      If you want to take action the first thing to do would be to write Vellecott.
      Should we, at least for those concerned Moms and Dads in this forum, do something, by collectively sending Vellecott a letter?

      Or can someone think of any better idea to have this Bill re introduced?

      Comment


      • #4
        One thing you can do as well is talk to your local MP and see if they will introduce some form of Equal Parenting bill. Maybe use the Parliamentary Joint Committee For the Sake of the Children as a guideline.
        I am wondering how to get it so that it is not a private members bill but actually brought forth by the party?

        Comment


        • #5
          Originally posted by fireweb13 View Post
          One thing you can do as well is talk to your local MP and see if they will introduce some form of Equal Parenting bill. Maybe use the Parliamentary Joint Committee For the Sake of the Children as a guideline.
          I am wondering how to get it so that it is not a private members bill but actually brought forth by the party?
          Conservative has a majority, I think Mr. Maurice Vellacott should be able to get some support from his own party. NDP is pro family, at least from what it states publicly, so I hope Jack shouldn't be against the idea of equal parenting.

          Seems we have a good chance this time around. If the Bill is re introduced, there will be a guaranteed four year's time ahead for it to withstand the reading, voting etc...

          What do you guys think? Shouldn't we do something?

          Comment


          • #6
            With a new government there will be a new cabinet.

            Divorce is the domain of the department of justice and the federal attorney general. Right now, addressing a letter to just the department in general will go nowhere but the recycle bin. When a new attorney general/minister of justice is named, addressing that mp specifically will be a better bet.

            Writing Vellacott and writing your own MP will also help.

            Comment


            • #7
              Originally posted by Acura View Post
              Conservative has a majority, I think Mr. Maurice Vellacott should be able to get some support from his own party. NDP is pro family, at least from what it states publicly, so I hope Jack shouldn't be against the idea of equal parenting.

              Seems we have a good chance this time around. If the Bill is re introduced, there will be a guaranteed four year's time ahead for it to withstand the reading, voting etc...

              What do you guys think? Shouldn't we do something?
              I am in whatever we can do... I probably not good candidate to write a letter but I will put my signature under one...

              I also wondering. Let's assume we got bill withing next 4 years. What will happened with old cases? I meant can you imagine number of cases will brought back ?

              Comment


              • #8
                Old cases won't be reopened. It would be chaos to reopen every case where a parent wants to challenge custody based on a new law. In most situations the children are settled into new lives and another sudden change isn't in their best interest.

                Custody can be reopened if there is a material change in circumstance, and a new law could be applied then, but still unlikely to trump status quo. A significant change would show that the child's life is no longer settled or status quo anyway, so new considerations and laws would be introduced but you still have to make your arguments.

                Comment


                • #9
                  Its True WorkingDad. We have so many old cases that may not even be ready for equal parenting, we would need to create a transition time for old cases, where we phase into equal parenting so that it is not an abrupt change for the child.

                  Comment


                  • #10
                    Originally posted by Mess View Post
                    Old cases won't be reopened. It would be chaos to reopen every case where a parent wants to challenge custody based on a new law. In most situations the children are settled into new lives and another sudden change isn't in their best interest.

                    Custody can be reopened if there is a material change in circumstance, and a new law could be applied then, but still unlikely to trump status quo. A significant change would show that the child's life is no longer settled or status quo anyway, so new considerations and laws would be introduced but you still have to make your arguments.
                    I completely agree with what you saying but I would think that having the new law will probably increase chances to get it right next time ...

                    Even if I will not benefit from it I AM STILL ALL HANDS UP for it. Fro future kids and their parents and especially fathers (yea I do not like how family law treat fathers in Canada...)

                    Comment


                    • #11
                      Originally posted by fireweb13 View Post
                      Its True WorkingDad. We have so many old cases that may not even be ready for equal parenting, we would need to create a transition time for old cases, where we phase into equal parenting so that it is not an abrupt change for the child.
                      Who is "we"?

                      Please look at the experience in Australia or states in the USA where the law was changed and then see how it affected existing custody orders (*hint: it didn't).

                      What you are suggesting goes beyond making a change to the Divorce Act and if you are looking some kind of retroactive application of the law and automatic reopening of cases, what you are doing is ensuring that the suggested bill would never ever be taken seriously and would be rejected instantly.

                      This is like arguing that you want to lower income tax, and get a refund going back 20 years for everyone while you are at it. It just won't happen, and if you push that argument then you are wasting everyone's efforts.

                      Comment


                      • #12
                        Originally posted by Mess View Post
                        Who is "we"?

                        Please look at the experience in Australia or states in the USA where the law was changed and then see how it affected existing custody orders (*hint: it didn't).

                        What you are suggesting goes beyond making a change to the Divorce Act and if you are looking some kind of retroactive application of the law and automatic reopening of cases, what you are doing is ensuring that the suggested bill would never ever be taken seriously and would be rejected instantly.

                        This is like arguing that you want to lower income tax, and get a refund going back 20 years for everyone while you are at it. It just won't happen, and if you push that argument then you are wasting everyone's efforts.
                        May be I was not clear but I am in no way looking for "some kind of retroactive application of the law and automatic reopening of cases". What I was trying to tell that new law still should help older case if parties willing to try...

                        As for retroactive application - they do it now with child support right ? )

                        Comment


                        • #13
                          ^ I quoted fireweb, I wasn't talking about you.

                          Comment


                          • #14
                            There would have to be something in place for people who want to come back to try and get equal parenting. I am not saying that if both parties are happy with their situation they would automatically be forced to change to equal parenting, but if you want change then you should be able to apply and fight for it. If the laws when you made your case were set up so that you could not find for equal parenting, and then the laws change why can't you fight for it again?

                            Comment


                            • #15
                              Originally posted by Mess View Post
                              ^ I quoted fireweb, I wasn't talking about you.
                              Oh man
                              I need a brake from all the reading ... I am loosing my ability too think clear...

                              Comment

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