Children Must Have a Say in Their Parents’ Divorce: MP Lisa Hepfner (Liberal)
Background: The 2016 census revealed that over two million children were living in separated or divorced families. Between 1991 and 2011, more than five million Canadians experienced separation or divorce, with 38% having a child with their partner at that time.
January 28, 2026: The Liberal government is reforming Canada’s federal divorce laws to ensure that the best interests of children are prioritized in the justice system’s decision-making process.
Bill C-78, which was introduced yesterday (Tuesday) in the House of Commons, also seeks to address issues of family violence and child poverty. This represents the first significant update to divorce law in over 20 years.
The bill adopts neutral terminology, replacing terms like “custody” and “access” with “parenting orders” and “parenting time.” These changes aim to eliminate the adversarial win-or-lose mindset in legal decisions about parenting arrangements, according to the Department of Justice.
Under the proposed changes, courts must consider a specific set of factors to ensure that their decisions uphold the child’s physical, emotional, and psychological safety and well-being.
Key factors that courts must consider include:
– The nature and strength of the child’s relationships with parents, grandparents, and other significant figures in their life.
– The child’s linguistic, cultural, and spiritual heritage (including Indigenous heritage).
– The views and preferences of the child themselves.
Additional proposed amendments include:
– A new requirement for parents to provide proper notification if they plan to relocate, alongside new guidelines to help courts evaluate whether such relocations align with the child’s best interests.
– A requirement for courts to consider instances of family violence when making decisions, including assessing the severity and impact of violence and how it could influence future parenting arrangements.
– Enhanced tools to establish and enforce child support, including the possibility of releasing tax information to ensure the accuracy of child support amounts while safeguarding privacy rights by limiting access to certain individuals and agencies, such as judges or enforcement programs.
– Strategies to make the family justice system more accessible and efficient, reducing the need for families to go to court and minimizing costly legal expenses.
These proposed changes aim to create a more supportive and child-centered approach in family law.
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