The sudden change in Canadian divorce law has prompted divorce lawyers to change the way in which they practice family law. The question is, will they do it?
Would you like to learn more about the new changes in divorce law? The sudden change in Canadian divorce law has prompted divorce lawyers to change the way in which they practice family law. The question is, will they do it?
Divorce laws in Canada have not been updated for over twenty years. These changes came as a result of campaigns by women’s and children’s rights groups. Statistics Canada data showed that over a four-year period, women’s risk of being killed by an ex-spouse increased by 600% upon separation.
People often email me late at night that they are in danger. If you ever feel in danger, contact the police. A law firm cannot come to your home and protect you.
The police can protect you, and lawyers can help you obtain injunctions. contactless ordersand help you obtain custody of your child. Before the new law changes, no part of Canada’s divorce law dealt with domestic violence. Violence prevention is clearly in the Wellbeing of the children.
Here’s what you need to know about Canada’s divorce law
Divorce lawyers
Many divorce lawyers have been affected by the negative nature of Canadian family law. It’s not always the lawyer’s fault. When most clients contact a family law firm, they are very angry. They want to punish their ex-spouse.
If it took 15 hours to resolve an undisputed legal problem, at $ 350 / hour it would cost $ 5250 in legal costs. If a controversial legal issue lasted 100 hours at $ 350 / hour it would cost $ 35,000.
You can see why some lawyers do not want to correct aggressive behavior on the part of their clients. However, the new laws require lawyers to keep their clients out of court.
Lawyers need to be able to integrate Domestic abuse allegations in their family claims. They also need to be willing to push their clients to find out-of-court solutions. This includes mediation and arbitration, which are commonly referred to as med-arb.
Canada’s divorce law is complex, so speak to an attorney.
Child’s best interests
The new divorce law extends the original concept of “child’s best interests,” which really meant what the judge wanted. The new laws focus on domestic violence and custody disputes.
Before the changes, there was a very inflexible definition of what a judge should consider domestic violence. The updated version includes harassment, behavior control, stalking, failure to meet basic needs, threats to property, and other non-physical violence. Now courts must also consider domestic abuse in their custody decisions.
Lawyers must undergo new legal training, which is normally done by the Society for Legal Educationto get better under family violence.
Canada’s Divorce Law and Domestic Violence
Domestic violence is one of the dark areas of separation. Not only does this take up a lot of family court time, but the police often have to intervene. It is responsible for many of the Amber Alert text messages you may have received in the past.
Lawyers need to turn their clients’ thoughts of “win or lose” and focus on their children and the well-being of the family. Family will change, but once you have a child with someone, you are family forever.
Alistair Vigier is the CEO of ClearWay Law, a website that connects people with family law attorneys in Canada.
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