Effective March 1, 2021 the law for children in Canada and Saskatchewan changed dramatically. Finally, the concepts of “custody” and “access” which treated children as living property have been abolished. It’s time to talk about parenting time, decision making responsibility and truly focus on the best interests of the child.
Furthermore, after more than 50 years, Canadian and Saskatchewan law came into compliance with the International Covenant of the Rights of the Child by finally recognizing and requiring courts and others dealing with the interests of the child to consider the wishes of the child.
Moreover, issues of family violence must now be considered as a central factor in determining the child’s welfare.
Finally, in Saskatchewan children from assisted reproduction are given legal status after 20 years or more of waiting.
As important as these changes are, so is the expansion of the requirement in Regina that families use Family Dispute Resolution before heading to court. Couples seeking to resolve their family law issues must engage in well-known and constructive approaches to settle questions around their parenting arrangements, supporting their families and dividing their family property. Court will be the last option, not the first.
These are the most significant changes to the laws affecting children in 40 years or more.
It often takes time for legal changes to take a fact and help change behaviour. However, the direction is now clear that children must truly be placed first.
Brad Hunter
