A) the legal rights, obligations and benefits of parenthood, together with continuity of relationships with grandparents and other family members, shall survive marriage into divorce; and

B) parenting time will be equally shared between parents to the maximum practicable extent, unless other arrangements are mutually agreed by both parents; and

C) the above shall constitute the rebuttable option presumed to be in the best interest of the child.

Bill C-422 Background Information:

Developed through the ofices of Maurice Vellacott, MP

Builds on the "For the Sake of the Children" recommendations (1999)

Patterned after the successful Australian Family Law Model (2005)

Takes into account the Liberal Pink Book, Vol. II

Reflects the UN's CRCs (Conventions on the Right of a Child)

A) Spouses who are undergoing a divorce should be encouraged to seek their own solutions with reduced reliance on court intervention; and

B) Every child has the right...

i) to know and be cared for by both parents,

ii) to know his or her relatives and enjoy his or her culture, and

iii) to spend time and communicate with both parents on a regular basis, and to maintain continuity of relationships with relatives.

Neutral Language - custody & access replaced by parenting orders and parenting time

Rebuttable presumption of equal parenting (50/50 starting point)

“Best Interests” criteria (BIC) specifically defined and prioritized to encourage parental co-operation and end tactical custody gaming

Child abuse and domestic violence recognized as separate issues under BIC

Child’s right to relatives (e.g. grandparents) recognized

Right of cultural continuity recognized (e.g. First Nations, Quebec)

Mediation encouraged over court

“Interim order” sole custody advantage removed

Use of mobility to impose unilateral outcome reduced - onus on relocating parent to ensure the best interests of the child

Judgments must be supportable and documented for judicial transparency

National statistical monitoring required