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A Brief Overview of Bill C-78

2018

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Summary

The bill addresses a variety of outstanding issues that have been accumulating over the past decade or so and represents the first truly significant amendment of the Divorce Act since the present act became law in 1985; the Child Support Guidelines, a regulation to the act, were introduced in 1997. [...] Best interests of the child and family violence The best interests of the child will continue to be the only consideration applied by the court in making a parenting order or contact order, however the bill would provide a non-exhaustive list of factors to be taken into account in determining a child’s best interests, of which the court would be required to “give primary consideration to the child [...] The enumerated factors are provided at section 16(3) and include: a) the child’s needs; b) the child’s relationship with the spouses, any siblings, grandparents and “any other person who plays an important role in the child’s life;” c) the spouses’ willingness to support the child’s relationship with the other spouse; d) the child’s views and preferences; e) the child’s cultural and linguistic her [...] Under section 16.8(2), the notice must: a) be in writing; b) state the date of the move; and, c) state the address of the new place of residence and any other contact information for the person and the child. [...] Under section 16.9(2), the notice must: a) be in writing; b) state the date of the proposed relocation; c) state the address of the proposed new place of residence and any other contact information for the person and the child; and, d) provide a proposal as to how parenting time, decision-making responsibility or contact may be exercised.

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government politics regulation domestic violence child custody child support civil law common law divorce family violence ethics family jurisdiction law custody abuse court conflicts, war and peace judiciary bill (law) ethical principles best interests family law act best interests of the child act act of parliament (uk)

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