Bill C-245

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First Reading

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-245
	An Act to amend the Divorce Act (shared parenting)
R.S., c. 3 (2nd Supp.)	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. The Divorce Act* is amended by adding the following after the heading preceding section 16:**
Order for joint custody	15.4 (1) Subject to subsections (2) to (5), where a court of competent jurisdiction, on application, makes an order respecting the custody of a child of the marriage, the order shall grant custody of the child to both spouses jointly.
Other order	(2) The court may, on application by either or both spouses or any other person, make an order respecting any or all children of the marriage that is different from the order provided for in subsection (1) where, in the opinion of the court, the best interests of the child or children so require.
Application by other person	(3) A person, other than a spouse, may not make an application under subsection (1) or (2) without leave of the court.
Arrangement	(4) In proceedings under this section, where the spouses have entered into an arrangement respecting the custody of a child that is different from the joint custody provided for in subsection (1), the court may
	(a) make an order giving effect to the arrangement; or
	(b) where, in its opinion, the arrangement is detrimental to the child, make any other order that it believes is in the best interests of the child.
Abuse or neglect	(5) Where the court finds, on application by one of the spouses or by any other person, that a child of the marriage has suffered neglect, abuse or other mistreatment by one of the spouses, the court may make an order respecting the custody of the child that it believes is in the best interests of the child.
Terms and conditions	(6) The court may make an order under this section that is different from the order provided for in subsection (1) for a definite or indefinite period or until the happening of a specified event and may impose such other terms, conditions or restrictions in connection therewith as it thinks fit and just.
Order respecting change of residence	(7) Without limiting the generality of subsection (6), the court may include in an order under this section a term requiring any person who has custody of a child of the marriage and who intends to change the place of residence of that child to notify, at least thirty days before the change or within such other period before the change as the court may specify, any person who is granted access to that child of the change, the time at which the change will be made and the new place of residence of the child.
Factors	(8) In making an order under this section, the court
	(a) shall take into consideration only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child;
	(b) shall not take into consideration the past conduct of any person unless the conduct is relevant to the ability of that person to act as a parent of a child; and
	(c) shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.
	2. (1) Subsections 16(1) and (2) of the Act are replaced by the following:
Order for access	16. (1) A court of competent jurisdiction may, on application by either or both spouses or by any other person, make an order respecting access to any or all children of the marriage.
Interim order for custody or access	(2) Where an application is made under subsection (1), the court may, on application by either or both spouses or by any other person, make an interim order respecting the custody of or the access to, or the custody of and access to, any or all children of the marriage pending determination of an application under subsection (1) or under subsection 15.4(2) or (5) .
	(2) Subsection 16(4) of the Act is replaced by the following:
Access by one or more persons	(4) The court may make an order under this section granting access to any or all children of the marriage to any one or more persons.

Bill C-245

BILL C-245