Bill C-78 stands as a monumental step in addressing family violence in Canada. Implemented as a way to reform the family justice system, the law has protective measures at its heart. These measures primarily aim to shield vulnerable individuals, particularly children, from harm.

Overview of Bill C-78’s Objectives and Reforms

Bill C-78 prioritizes the best interests of the child. Previous laws were more ambiguous, but Bill C-78 crystallizes the child’s welfare as paramount.

It mandates that any decision-making about parenting time, contact, or allocation of parenting responsibilities must consider any family violence implications. This shift effectively positions the child’s safety at the forefront of any legal deliberations.

There’s an emphasis on defining family violence in the Bill. Before Bill C-78, legal definitions varied, causing confusion. This Act presents a comprehensive definition, which encompasses not just physical abuse, but also emotional, psychological, and financial harm.

This holistic perspective recognizes the myriad ways harm can manifest within families.

Strengthening Child Protection

The Act also introduces “relocation” as a central concept. Before any person with parenting time or decision-making responsibilities can relocate, they must now provide advanced notice. This isn’t just a logistical move, but also a protective one.

In cases where one parent may want to relocate to escape a violent partner or to take the child away from the other parent out of spite, this notice offers a safeguard. By mandating it, the Act allows for any potential concerns about family violence to be addressed before the move takes place.

One remarkable component of Bill C-78 is its emphasis on the use of out-of-court family dispute resolution processes. Mediation and collaborative law, for instance, become more central.

The objective here is clear: to keep families out of combative courtroom environments and foster constructive dialogue. By doing so, it’s hoped that the heated, confrontational situations which can escalate into violence are sidestepped.

Bill C-78 Redefines Family Violence in Canadian Law

Bill C-78 is astute enough to recognize that mediation isn’t always the best route, especially in cases with a history of violence. As a result, it obliges legal professionals to screen for family violence. This provision helps ensure that victims aren’t inadvertently placed in situations that could reignite trauma or danger.

Another forward-thinking element is the stipulation around parenting orders. Under Bill C-78, courts must consider any civil or criminal protective orders when making a parenting order.

This layered approach ensures that a person with a history of violence doesn’t get unchecked access to vulnerable family members.

The Act nudges judges to weigh the appropriateness of granting unsupervised contact to a person with violent tendencies.

This isn’t to say that a person with a history of violence will be denied contact. Rather, the Bill mandates that any contact should prioritize the safety of all involved, especially children.

New Parenting Arrangements: Prioritizing Child Safety

The Bill actively promotes the need for legal professionals to have continuous training. Understanding the nuances of family violence is crucial.

This training ensures that lawyers, judges, and other professionals are adept at identifying signs of family violence, even when they’re subtle. It’s a recognition of the fact that the patterns of family violence are complex, and understanding them requires a nuanced, updated approach.

Bill C-78 also reshapes how information is shared. The onus is now on the courts to inform parties about provincial services and programs available to families, including those addressing family violence. By doing so, the Bill ensures victims have ready access to the support they need.

Financial Implications: Child Support

A vital provision within the Act pertains to indigenous families. It acknowledges the significance of indigenous culture and traditions, especially in the upbringing of a child.

When determining a child’s best interests, courts are now required to consider indigenous parenting customs and values. While this may not directly relate to family violence, it’s a nod to the broader understanding of what constitutes a child’s well-being.

In essence, Bill C-78 doesn’t merely introduce new laws. It represents a cultural shift in the legal approach to family violence in Canada. Expanding definitions, prioritizing children’s safety, and focusing on preventive measures, signifies a commitment to protecting the most vulnerable in society.

Lawyers Should Always Do The Following

• champion children’s best interests
• protect families from domestic violence
• reduce child poverty
• and make access to family justice easier.

Among changes, would be called parenting orders. Child access would become parenting time.

Making the language courts and lawyers use less adversarial emphasizes you and your former spouse have decision-making responsibilities to your children if your relationship ends.

Bill C 78 Divorce Act

When family courts consider where children will live, they make the best interests of your child paramount. Even if you think shared custody would be best, the court can decide otherwise. Under Bill C-78, the judge would consider every factor that might affect your child’s interests.

The judge could look at your child’s needs for their age and stage of development, including their views and preferences.

Bill C 78 Changes to Divorce, Parenting, and Garnishment 

A judge might consider how well your child gets along with you, your former and current spouse and their partners, grandparents, siblings, and other important people in their life.

How well you and your former spouse cared for the child in the past and your plans for your child’s future, as well as your willingness and ability to care for your child, would count.

Your child’s cultural, linguistic, religious, and spiritual upbringing and heritage would matter. As would you and your former spouses’ ability to cooperate on issues affecting your children.

Domestic violence is a huge concern to family judges. The new law strives to help protect your child from psychological, emotional, or physical harm.

Negotiation, mediation, or collaboration would be the preferred way of resolving differences. But the proposed law also gives courts more measures to stop the violence.

Bill C 78 Canada

Other changes relate to moving your child to another province or country and ensuring child support payments are made.

It’s been almost 35 years since the last major updates to Canada’s Divorce Act. If adopted, divorced couples can look forward to welcoming revisions to protect their and their children’s interests.

Author: Alistair Vigier is the CEO of ClearWay Law