NAWL Brief on the Act to Amend the Divorce Act (Bill C-22)

Posted 2003-07-01 by NAWL Working Group on Family Law in Presentations to Government

The current Divorce Act presents a number of challenges and barriers to women with children who leave abusive men. The absence of spelled-out criteria to guide judges in applying the best interests of the child test means that women and children are vulnerable to considerable judicial discretion.

Table of Contents

Summary of Recommendations

Introduction and Overview

1. Keep the language of custody and access: the parental responsibility model will do more harm than good

2. Improve the definition of the “best interests of the child

3. Protect children’s best interests by promoting women’s equality rights: Add a Preamble to the Divorce Act

4. Ensure that women have access to justice

Appendix: BC Institute Against Family Violence

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