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→The Divorce Act
==The ''Divorce Act''==
Before March 2021, the ''[[Divorce Act]]'' did not mention family violence. The new However, significant amendments changed that, and now a broad definition of family violence is included which is more similar to how the ''Family Law Divorce Act'' treats ittook effect on 1 March 2021.
<blockquote><blockquote><tt>(a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) sexual abuse;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(g) financial abuse;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(h) threats to kill or harm an animal or damage property; and</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(i) the killing or harming of an animal or the damaging of property; (''violence familiale'')</tt></blockquote></blockquote> When hearing a matter under the ''Divorce Act'' and making decisions about children, the court must now consider a long list of best interests of the child factors, which includes family violence factors. The factors are set out at section 16(3) of the ''Divorce Act'' and include things like: * the history of the children's care* the children's views and preferences* each spouse's plan for the care of the children, * the extent to which each spouse will support the children's relationship with the other spouse, and* any family violence and its impact on, among other things:** the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the children, and** whether it would be appropriate to make an order that would require cooperation on issues affecting the children. Family violence is an important factor that the court must consider in determining a child’s best interests under section 16(3) of the ''Divorce Act''. Further, when family violence is present, the court must consider additional factors relating to the impact of family violence that are set out at section 16(4), including the nature, seriousness, and frequency of the violence. Both the ''Family Law Act'' and the ''Divorce Act'' now require the court to consider the impact of coercive control and family violence when making decisions about children. Also, because family violence is significantly harmful to children who witness it, the new ''Divorce Act'' now clarifies that exposing a child to acts of family violence against someone else is family violence against the child. In ''[https://canlii.ca/t/jpbbg Barendregt v Grebliunas]'', 2022 SCC 22, at paras 143 and 146, the Supreme Court of Canada emphasized that findings of family violence are a critical consideration under section 16(3) and 16(4) of the ''Divorce Act'' and that the idea that “domestic abuse or family violence has no impact on the children and has nothing to do with the perpetrator’s parenting ability is untenable”. Since March 2021, in most circumstances, the court is required by section 7.8(1) of the ''Divorce Act'' to consider a family or civil protection orders and child protection orders, as well as orders, proceedings, undertakings, or recognizances relating to criminal matters, when making orders dealing with children or support under the ''Divorce Act''. This means a judge can review available files or ask questions to make sure that their own orders are made in coordination with any existing civil, child protection, or criminal matters. Under Rule 15-2.2 of the ''Supreme Court Family Rules'', parties to a matter in which orders about children or support are being sought under the ''Divorce Act'' must file a statement of information for corollary relief proceedings in Form F102 in order to provide the court with this information before a parenting or support order is made.
==Resources and Links==