Tuesday, August 13, 2002

A story published today by the Ottawa Citizen reports that the terms "custody" and "access" will be eliminated from Canada's divorce laws in legislation to be introduced this fall.

Justice Minister Martin Cauchon said that he intends to abandon the words because they create a "perception" of winners and losers in child custody disputes.

His changes to the Divorce Act will be coupled with increased counseling and mediation services for divorcing parents that will focus on the best interests of their children.

The words "parental responsibility" are being considered because the term fosters the idea that both parents are responsible for the care of their children after separation.

Fathers' and grandparents' groups have lobbied hard for the government to drop the language, which they argue is hostile and can prevent non-custodial parents from seeing their children. Those groups have embraced the term "shared parenting," which would give each parent legal entitlement to custody.

The concept was the cornerstone of a 1998 report by a joint Senate and House of Commons committee that recommended the government drop custody and access.

Mr. Cauchon, however, rejects the term "shared parenting" because it implies an automatic 50-50 split, a source said.

Women's groups have lobbied against any changes at all. They have warned the federal government to proceed with caution because they fear that violent parents could get access to their children.

Mr. Cauchon, who inherited from his predecessor Anne McLellan a promise three years ago to revamp the Divorce Act, hinted in May that he was against any major changes.

He suggested yesterday that altering the language in the Divorce Act is the only legislative change he will make "in sending the message to the courts, lawyers and parents that the overarching goal we wish to achieve is to ensure that the best interests of the child are paramount."

He will take his proposed changes to the federal cabinet before introducing legislation.