VANCOUVER (NEWS 1130) – The federal government has introduced several amendments to the Divorce Act aimed at putting children first.
Changes include making the language more child-friendly, like “parenting time” instead of “access”, adding tools to enforce the payment of family support, requiring parents to notify about a move and encouraging families to use mediation instead of the court system.
A Vancouver group that works with domestic abuse victims finds Bill C-78 takes steps in the right direction but it’s concerned about that last change.
“It is repeatedly demonstrated that alternative dispute resolution processes, including mediation, are neither safe nor appropriate for women, particularly when there is a history of violence,” says Angela MacDougall, Executive Director of Battered Women Support Services “These practices are often founded on the presumption of equal bargaining power between participants.”
She adds it would force women to participate in a process where the end goal is to reach an agreement with their abuser.
“Majority of men who are abusive and who are controlling continue to extend their power and control over their former partner through disputes about custody, access and child support.”
The group does applaud the addition of tools that would enforce child support is paid but Macdougall wonders how effective they will be.
“The family law system has created this incredible ability for abusive partners, mostly male partners, to leave a relationship with no financial accountability,” she says “Or there are orders, specific to child support, that are simply not being paid.”
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