cover image: Not in the best interests of women and children : Pas dans l'intérêt des femmes et des enfants : analyse du projet de loi C-422, Loi modifiant la Loi sur le divorce

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Not in the best interests of women and children : Pas dans l'intérêt des femmes et des enfants : analyse du projet de loi C-422, Loi modifiant la Loi sur le divorce

12 Aug 2009

The Committee's 1998 report, entitled For the Sake of the Children, recommended a presumption in favour of shared parenting and criteria to define the "best interests of the child" test, which ignored the issue of violence within the family and focussed on extensive contact between the child and both parents. [...] In fact, as long as women remain the primary caregivers of children, women’s equality is in the best interests of children, and law reform can and must simultaneously take into account and promote both the best interests of children and the equality interests of women. [...] It is notable that the factors listed as the primary considerations – the benefits to the child of having a meaningful relationship with both parents and other relatives, the willingness of each parent to facilitate the relationship of the child with the other and the protection of the child from possible alienation of parental affection – are all forward-looking. [...] However, it provides no factors to assist in establishing this rebuttal and, coupled with the entirely inadequate approach to determining the best interests of the child and the utterly inappropriate understanding of violence within the family set out in the Bill, creates a very problematic vacuum in the legislation. [...] The National Association of Women and the Law and other women’s equality-seeking organizations support amendments to the Divorce Act that recognize and respond to the diversities and realities of families in this country, including the reality of violence against women and children within the family, as described above.
health gender equality equality government politics domestic violence crime violence against women child custody custody of children child support civil law copyright criminal law culture divorce family violence family law custody abuse interpersonal relationships court crime, law and justice judiciary best interests abusive best interests of the child

Authors

Cross, Pamela

Pages
15
Published in
Canada

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