The Lawyers Weekly - August 20, 2010

Presumption
Continued From Page 1

shared/equal parenting movement wants a 50-50 presumptive starting point because Canadian children already face a de facto presumptive starting point, particularly in Ontario, of every second weekend, and maybe a weeknight, with the non-residen-tial parent. Colman says that studies show that many kids, particularly older children, overwhelmingly want more time with their non-custodial parents —usually their fathers.

The CBA’s recent “In the Interests of Children” brief doesn’t dispute that most children want both parents in their lives. But the group challenges a “one size fits all” presumption that children are usually, if not always, best served by dividing their time equally between their parents.

“The animosity between par-
ents may be too high, or their
circumstances may not allow the
child to benefit from equal shared
time,” the CBA argues. “Further
joint parenting can happen with-
out absolutely equal time with
children and many considera-
tions impact the best schedule for
the family.”
Under Bill C-422, judges
could depart from the presump-
tions of equal time-sharing and
“equal parental responsibility” if
it is established that the best
interests of the child would be
“substantially enhanced” by an
alternative arrangement.

We want to hear from you!
E-mail us at: tlw@lexisnexis.ca 

Grant Gold, chair of the CBA’s family law section, sponsored a resolution
calling on governments to continue to support “the best interests of the child.”
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