There was an electronic petition circulating a while ago asking for:
PETITION TO THE GOVERNMENT OF CANADA
Whereas:
We, the undersigned residents and citizens of Canada, call upon the Government of Canada to update legislation dealing with divorce and parental separation so that:
The government response has come down with the conclusion being:
IMHO, this is a load of crap, but what do I know. Whenever I see the term i the best interests of the child, I cringe, as it can be used to justify just about any thing.
Comments?
PETITION TO THE GOVERNMENT OF CANADA
Whereas:
- for several decades we have been witnessing a shift in family models, with more and more families separating;
- children have the right to spend equal time with both of their parents who love them and whom they love;
- many studies show that children must spend as much time as possible with both parents to prevent relational disengagement;
- it’s important to recognize the key role and commitment of each parent toward their child(ren);
- the justice system often gives primary custody to the mother, if the parents disagree;
- most parental conflicts involve the child’s care and, if care is shared equally by default, the parents could focus their energy on their child(ren) instead of on the conflict;
- it would be necessary to rethink the situation to ensure greater balance (especially for shared parental time) between both parents, in the best interests of the child;
We, the undersigned residents and citizens of Canada, call upon the Government of Canada to update legislation dealing with divorce and parental separation so that:
- if the parents are able, shared custody be the default option for children if their parents separate;
- if geographic distance means that shared custody is not an option (and if the parents are able), any solution to ensure the most contact possible with the “non-guardian” parent be prioritized.
The government response has come down with the conclusion being:
Many have raised important concerns about the danger of establishing a “default option” or legal presumption in favour of equal shared parenting. Equal shared parenting requires considerable cooperation between parents. This may be difficult in high-conflict situations, potentially exposing children to frequent arguments between their parents. A presumption could also increase litigation. Instead of being able to come to their own agreements out of court, parents who do not agree to share parenting time equally would have to go to court to explain why this arrangement would not work. Finally, a presumption could be dangerous to parents as well as children in situations of family violence.
Social science research does not support the creation of a presumption of equal parenting time. Each individual child deserves to have their own unique needs and situation addressed. The best interests of the child test allows for such an individualised approach. Rather than improving outcomes, a presumption could create problems for many families. The Government of Canada therefore does not support the creation of a presumption in favour of shared custody. Instead, it supports the application of the best interests of the child test and the principle that a child should have as much contact with each spouse as is consistent with the best interests of the child.
Social science research does not support the creation of a presumption of equal parenting time. Each individual child deserves to have their own unique needs and situation addressed. The best interests of the child test allows for such an individualised approach. Rather than improving outcomes, a presumption could create problems for many families. The Government of Canada therefore does not support the creation of a presumption in favour of shared custody. Instead, it supports the application of the best interests of the child test and the principle that a child should have as much contact with each spouse as is consistent with the best interests of the child.
IMHO, this is a load of crap, but what do I know. Whenever I see the term i the best interests of the child, I cringe, as it can be used to justify just about any thing.
Comments?
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