View Divorce Act: http://laws-lois.justice.gc.ca/eng/acts/D-3.4/FullText.html
What is the purpose of this act?
What powers are conferred on the state or its agents?
How does this act benefit society?
List governmental and community based agencies that work within this legislated act.
What issues may be associated with the administration of this act?
- If part time care is appointed, the children will have to move back and forth from house to house diminishing the child's sense of stability; if full time care is appointed, the child may not see one of their parents as much as they used to.
- The parent may meet a new spouse, which may result in step-parents to the child.
- All of these issues can cause emotional damage or discontent in a youth.
- It is an emotional process, in many cases individuals are mixed between a feeling of failure and a feeling of release. Often people are sad to say goodbye to their partner, as they wish it had not ended, but know that the marriage was not working.
How would you support and advocate for your clients in relationship to this act?
Identify community resources in your area that may assist clients to navigate through legal systems.
Describe and explain current or historical events as seen through the media that relate to this act, convention or charter. Provide a related link or copy of a newspaper article.
Suicide renews calls for Divorce Act changes
By Chris Cobb, New Brunswick Telegraph Journal, March 27, 2000
http://search.proquest.com.ezproxy.library.uvic.ca/docview/423097122?accountid=14846
The suicide of a young British Columbia father has brought renewed calls for reform to the decades-old federal Divorce Act, and the elimination of an anti-male bias that critics say is rife in the family court system. Darrin White, a 34-year-old father of four from Prince George, B.C., hanged himself earlier this month after being ordered to make family support payments that amounted to twice his monthly income.
In divorces, what's in a name? Some lawyers say names shouldn't be public
By Allison Jones, The Canadian Press September 23, 2012
http://www.montrealgazette.com/sports/divorces+whats+name+Some+lawyers+names+shouldnt+public/7286544/story.html
Canada's court system thrives on openness, but some are wondering if it is necessary to share the identities of individuals involved in family law cases. In matters involving Family cases, Quebec only refers to people by their initials and Colin LaChance of the Canadian Legal Information Institute talked about whether the rest of Canada should do this. The argument is that the public will not be effected by not knowing the participants full names. The public would still be able to see the issue, the decision and how the proceeding was handled. This method would help in protecting the privacy of any children and parents involved but also allowing the file to be accessed if necessary. With the rise in easy to access personal information (Facebook, etc), it is time to rethink our privacy policy because there is a worry that financial information used in the divorce process will lead to identity theft. There will be struggle for change as the importance of open court has been stressed.
What is the purpose of this act?
- To settle marriage disputes and assisting couples in ending their marriage.
- To make the steps clear that need to be taken when filing for a divorce as well as what circumstances need to have occured in order to make a divorce acceptable and honoured by the court system.
- To state each province’s role in the divorce process as well each of the province’s proceedings as each province has differing regulations.
- To focus on child support and different spouse/parent circumstances that could alter the court's decision on the matter of the children.
- To stress that the court's decision will always be in the best interest of the child.
What powers are conferred on the state or its agents?
- The Act demands for parents to change in order to become more suitable caretakers of their child or children.
- The ability to give one parent sole custody, give both parents equal time or to appoint visiting rights.
- Can decide or order that the divorce take place at an earlier time.
- Settles financial disputes between parents.
- Decides whether the couple has good grounds for filing for a divorce.
- Prolongs the requested divorce until the couple tries and proves that they have tried to reconcile.
- Makes the final decision on which spouse gets certain possessions gained during the marriage.
How does this act benefit society?
- By allowing individuals to get out of dangerous relationships or living situations.
- Children no longer witness unhealthy relationships.
- An individual will regain their independence and feel satisfied with themselves because they are supporting themselves.
- Parents tend to feel that although they lose their marriage, they gain a better relationship with their children.
List governmental and community based agencies that work within this legislated act.
- Fairway Divorce Solutions: http://www.victoria.fairwaydivorce.com/
- Victoria Counselling Centre: http://victoriacounsellingcentre.ca
- Legal Services Society: http://www.lss.bc.ca/
- B.C. Families in Transition: www.bcfit.org/
What issues may be associated with the administration of this act?
- The effects on children:
- If part time care is appointed, the children will have to move back and forth from house to house diminishing the child's sense of stability; if full time care is appointed, the child may not see one of their parents as much as they used to.
- The parent may meet a new spouse, which may result in step-parents to the child.
- All of these issues can cause emotional damage or discontent in a youth.
- The effects on the divorcees:
- It is an emotional process, in many cases individuals are mixed between a feeling of failure and a feeling of release. Often people are sad to say goodbye to their partner, as they wish it had not ended, but know that the marriage was not working.
- The effects on friends and family:
How would you support and advocate for your clients in relationship to this act?
- By ensuring the individuals are aware of the many support groups and services that could help them through their difficult time.
- Assisting the individuals in finding an agency that can help them.
- Listening and supporting the individuals when they need to talk.
- Supporting the clients' decisions and helping them figure out a solution to any related problems they are having.
- Uncovering the fact that their child or children may experience emotional sensitivity and turmoil through this process and offer supports in this area as well.
Identify community resources in your area that may assist clients to navigate through legal systems.
- Mosaic Counselling and Family Services: http://www.mosaiconline.ca/twelve-dos-and-donts-to-help-children-deal-with-parental-separation-or-divorce/?gclid=CLKelouilbMCFQ6CQgodjEkApg
- Family Law Centre, Separate Smart: http://www.separatesmart.com/?gclid=CNXNkpCmlbMCFS6CQgodpX8AjQ
- BC Families in Transition: http://www.bcfit.org/
Describe and explain current or historical events as seen through the media that relate to this act, convention or charter. Provide a related link or copy of a newspaper article.
Suicide renews calls for Divorce Act changes
By Chris Cobb, New Brunswick Telegraph Journal, March 27, 2000
http://search.proquest.com.ezproxy.library.uvic.ca/docview/423097122?accountid=14846
The suicide of a young British Columbia father has brought renewed calls for reform to the decades-old federal Divorce Act, and the elimination of an anti-male bias that critics say is rife in the family court system. Darrin White, a 34-year-old father of four from Prince George, B.C., hanged himself earlier this month after being ordered to make family support payments that amounted to twice his monthly income.
In divorces, what's in a name? Some lawyers say names shouldn't be public
By Allison Jones, The Canadian Press September 23, 2012
http://www.montrealgazette.com/sports/divorces+whats+name+Some+lawyers+names+shouldnt+public/7286544/story.html
Canada's court system thrives on openness, but some are wondering if it is necessary to share the identities of individuals involved in family law cases. In matters involving Family cases, Quebec only refers to people by their initials and Colin LaChance of the Canadian Legal Information Institute talked about whether the rest of Canada should do this. The argument is that the public will not be effected by not knowing the participants full names. The public would still be able to see the issue, the decision and how the proceeding was handled. This method would help in protecting the privacy of any children and parents involved but also allowing the file to be accessed if necessary. With the rise in easy to access personal information (Facebook, etc), it is time to rethink our privacy policy because there is a worry that financial information used in the divorce process will lead to identity theft. There will be struggle for change as the importance of open court has been stressed.