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The Government's Response to the Special Joint Committee Report on Custody and Access
May 17, 1999
The Special Joint Committee's report - For the Sake of the Children - is an important contribution to the study of the impact of divorce on Canadian children.
We appreciate the work the members have done, and the strategy we have announced in response to their Report reflects a serious consideration of their recommendations.
Our strategy aims to :
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Shift the focus of the family law system away from parental rights towards parental responsibilities and principles that emphasize the best interests of children;
- Replace existing terms, like "custody and access," with new, clearly defined language that promotes the interests of children;
- Support a less adversarial and more flexible approach to custody and access issues; and,
- Develop a framework for managing conflicts between parents.
While the Committee has identified a broad consensus in favour of a more child-centred approach, there was little agreement on specific measures that would achieve the desired result.
It is clear that more work needs to be done to find common ground among these divergent points of views - to ensure that the reforms result in a new system that treats all children consistently and fairly.
Moreover, the Committee did not consult with the provinces and territories, who will naturally play a key role in developing reform proposals. Family Law is a shared jurisdiction - the federal government has jurisdiction of the Divorce Act , while the provinces administer legislation dealing with couples who are separated or were never married.
To allow the time needed for adequate research and consultations, we have set an outside deadline for legislative amendments to custody and access provisions of the Divorce Act of May 1, 2002. It will also allow for integration with the research and consultations the government is doing with respect to Federal Child Support guidelines.
This deadline is a guideline only. We will expedite reforms wherever and whenever possible.
We are committed to moving quickly, but we will also take the time we need to get it right!
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