For the first time in decades, significant changes have been made to the Divorce Act. As of March 1, 2020 one of the changes in this Federal legislation contains new wording that aims to address the threat of family violence. Our office has already received several inquiries from clients wondering how this will affect them. Here is what you need to know:

1) What is Family Violence?

It can take many forms, and involves words or actions one experiences themselves, or observes between other family members. The Divorce Act defines it broadly as: any behaviour that is violent, or threatening, or a pattern of coercive and controlling behaviour, or behaviour that causes a family member to fear for their safety or the safety of another person.

2) Help is available

If you or someone in your family has experienced family violence, contact counsellors, the police, or a lawyer for advice. Our lawyers can provide you with that advice and provide recommendations for counsellors.

3) “New” Language

While the specific language regarding family violence is a new addition to the Divorce Act, the idea that courts would consider violence as a factor in determining the best interests of the child is not a new phenomenon. The new language lists certain factors Judges must weigh in considering the child’s best interests, including the nature, seriousness and frequency of the abuse, the risk of harm to the child, and whether the person engaging in the violence has taken any steps to prevent further violence and improve their parenting, such as completing a parenting course for people who have abused their children or partner.

4) Children’s Best Interests

Family violence considerations will have an impact on how courts craft parenting orders, taking into consideration what type of parenting arrangement will be best for the child.

5) Financial Impact

It is our view that this Divorce Act change is unlikely to impact financial issues, such as property division or support orders. Property division is governed by provincial legislation, not the Divorce Act and family violence of the parties is rarely a factor in determining the division of assets. As well, spousal support and partner support claims largely remain a no-fault area of legislation. Therefore, it is unlikely that a larger amount of spousal support or a longer period of spousal support will be granted solely because there was family violence during the relationship. Finally, child support claims are governed by the Child Support Guidelines, which do not provide for awards being influenced by any violence claims.

DBB Law: Providing Quality Family Law Solutions in Calgary

Dunphy Best Blocksom LLP is recognized as a leader in family law throughout the province of Alberta. Our compassionate team of family and divorce lawyers provides comprehensive support to clients in family law matters, including parenting disputes. We offer creative, personalized legal solutions designed to protect our client’s interests and reduce conflict as much as possible.

Based in Calgary and comprised of a team of proud Albertans, DBB Law provides top-tier legal services in a full range of practice areas, including family law, business and commercial law, civil litigation, construction law, labour and employment law, real estate and property, tax law, and wills, estates, and trusts. To schedule a confidential consultation with a skilled family lawyer, call 403-265-7777 or reach out online.