New Divorce Act in place June 21, 2020

Updated: Oct 16, 2019

family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes

(a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;

(b) sexual abuse;

(c) threats to kill or cause bodily harm to any person;

(d) harassment, including stalking;

(e) the failure to provide the necessaries of life;

(f) psychological abuse;

(g) financial abuse;

(h) threats to kill or harm an animal or damage property; and

(i) the killing or harming of an animal or the damaging of property; (violence familiale)

Factors in interests of child

Factors relating to family violence

(4) In considering the impact of any family violence under paragraph (3)‍(j), the court shall take the following into account: (a) the nature, seriousness and frequency of the family violence and when it occurred; (b) whether there is a pattern of coercive and controlling behaviour in relation to a family member; (c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence; (d) the physical, emotional and psychological harm or risk of harm to the child; (e) any compromise to the safety of the child or other family member; (f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person; (g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and (h) any other relevant factor.1

The current government has made law these terms.

Psychological abuse

Financial abuse

Abduction of children 14 and under is a criminal offense.

The words above; family violence = psychological abuse. Psychological abuse means using someone or something dear to a person. Otherwise you cannot psychologically abuse them. Families are where psychological abuse is prevalent.

Canada now has protective laws so that women leaving violent marriages can do so safely. There has been little of this in the press, and not surprising to a system that values business and is threatened by compassionate action that makes business secondary.

The planet also needs compassionate action, and Greta Thunberg is making her civil action in favor of life over business.

I was not surprised to see the bent towards the Conservatives in the Globe and Mail this week.

In France, you will soon be able to bring your own bags to the grocery store, you will not drive under 3 km or take your car to the city. Canada is such a small country. We can make changes -- we can insist that lawyer fees are reduced so that personal safety of the parents and children becomes priority. The old system did not have that and the only interviews I could find about this new divorce act were in the Globe and Mail and they were of lawyers, who were non committal.

That is because the new focus is on the people involved, as it should be.

Encouraging the focus to be business leads to domestic violence escalation during divorce. It was like nothing I had ever seen; costly reports ignored by judges, constant control, psychological violence and financial abuse -- making otherwise healthy individuals poor -- and no one protects the family in the old system.

This system is dying. The youth are here. We must change.

'Can you please explain what you are trying to accomplish?'

What can you say to an adult male child who is acting out?

Part of the reason violence needs to be transparent is so that our children are not taught the pattern.


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