Parenting After Divorce

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Overview

Each year, many Canadian children are affected by the separation or divorce of their parents. The negative consequences for children are aggravated if parents become involved in protracted conflict over separation. While governments cannot eliminate such conflict, providing services to families is one way to help children and their parents adjust to a new family situation.

Family justice has been an issue of broad public discussion for a number of years. The Government of Canada has worked extensively on the family justice system, including research, consultations and ongoing collaborative work with the provinces and territories.

The main objective of this work is to help parents focus on the needs of their children following separation and divorce.

The Government's child-focused approach to post-separation parenting will:

• minimize the potentially negative impact of separation and divorce on children;
• provide parents with the tools they need to reach parenting arrangements that are in the child's best interests; and
• ensure that the legal process is less adversarial; only the most difficult cases will go to court.
  

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Services for Families

Some parents need support to make decisions about their children's care. They need tools to help them minimize conflict, co-operate and work out child-focused parenting arrangements. Parent education courses, mediation, and other court-related services are all types of services that can be used to achieve these goals.

While the Government of Canada does not provide services to Canadians directly because this is a provincial/territorial responsibility, it is committed to promoting the development and maintenance of family justice services. The Government of Canada provides funding to the provinces and territories for family justice services.

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Legislation

The full text of the current legislation is provided below.

Divorce Act (R.S., 1985, c. 3 (2nd Supp.))
An Act respecting divorce and corollary relief.

Garnishment, Attachment and Pension Diversion Act (R.S. 1985, c. G-2)
An Act to provide for the garnishment or attachment of Her Majesty in right of Canada and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments.

Family Orders and Agreements Enforcement Assistance Act (R.S. 1985, c. 4 (2nd Supp.))
An Act to provide for the release of information that may assist in locating persons in default and other persons and to permit, for the enforcement of support orders and support provisions, the garnishment and attachment of certain moneys payable by Her Majesty in right of Canada.

Criminal Code (R.S. 1985, c. C-46)
An Act respecting the Criminal Law