The original Divorce Act and previous amendments did not contain language on domestic violence. The 2021 amendment now clearly defines domestic violence and requires judges to consider it when deciding on a contact order. Among other things, a judge must assess the frequency or profile of the violence, the nature of the violence, and its physical, emotional or psychological impact on the child. The law states that violence does not necessarily have to be inflicted directly on a child. Exposure to domestic violence is an issue that a judge should consider. In addition, it is not necessary for the conduct to lead to an actual crime to be taken into consideration. A good example of when it is not in the best interests of the child to spend time with a parent is when there has been a history of domestic violence. In making these amendments, the Court will not make any presumption as to what is in the best interests of the child. It will always be a factual analysis of how decision-making powers should be allocated. The new address, parent/child contact information and date of the move must all be included in the written notice. The only exception is where there is a risk of domestic violence and a court order exempts the moving parent from the responsibility of providing that notice. Amendments to the Divorce Act resulted in amendments to the Alberta Rules of Justice. As of March 1, 2021, Alberta courts have updated their court forms to reflect the new procedures and terminology that now apply to divorce.
Conduct of a family or member of the household that causes or attempts to cause physical harm to the child or other family, family or member of the household, including forced detention or sexual abuse, or that causes reasonable fear to the child or other member of the family or household for his or her safety or that of another person. The Divorce Act applies to parties seeking divorce in Alberta. For parties who are not married or divorced, Alberta`s Family Law Act provides the legal framework. Like the Divorce Act, it includes domestic violence as a relevant factor in the best interests of the child. However, the Family Rights Act defines domestic violence more narrowly than: A number of different laws and regulations govern family law and child protection cases in Alberta. Below are links to key laws, as well as useful and informative resources available online, sorted by area of law: Here are some of the biggest changes from the most common issues in family litigation. Changes to the divorce law will have the greatest impact on divorcing parents. The well-being of the child must be satisfied at every turn, as parenting time, contact and decision-making responsibility are determined. If domestic violence is a problem in your case, the new law makes it much easier for a judge to recognize the seriousness of such events. Various educational seminars on family law issues are organized by the Family Court Assistance.
Alternative dispute resolution (ADR) procedures include divorce mediation, collaborative family law, arbitration, co-parenting advice and judicial dispute resolution. The Divorce Act also lists a wide range of behaviours that fall within the definition of domestic violence. The list includes psychological and financial exploitation, threat or killing or actual harm to animals, and property damage (see section 2(1)). Submissions from family law experts as well as anti-violence and equality groups have been included in this definition (see briefly for example). At Kolinsky Law, you can access up-to-date legal advice while making immediate and long-term decisions related to your divorce. Solutions to complex and stressful family problems can be found if we defend your rights. The amendments to the Divorce Act are aimed at bringing the best results for families. Contact Kolinsky Law today for important information about your divorce. I have already asked the Government of Alberta to amend the Family Law Act to incorporate the definition of domestic violence into the amendments to the Divorce Act.
In a broader sense, I have called for standard definitions of domestic violence in all Alberta statutes. In family law, it is problematic to apply different standards to settle disputes between married and unmarried parties. These various standards are undoubtedly discriminatory and violate section 15 of the Charter. Marital status has been recognized as a prohibited ground of discrimination under section 15 (Miron v. Trudel, [1995] 2 SCR 418). In addition, a narrow definition of domestic violence can harm some women and children who are exposed to a disproportionate amount of violence, such as . B Aboriginal women. The definition of domestic violence in the Family Law Act may refer to marital and marital status, sex, age, Aboriginal status and other grounds, and perpetuate discrimination against survivors and their children, as opposed to section 15 ..
