After a divorce, equal parenting rights should be the norm - A look at the potential new Divorce Act in Canada

blueoak9 · 2014-03-19T15:38:22+00:00

I've been following this amendment with interest for some time. I should point out, however, that this is not the first time a similar amendment has been attempted - and it's still a long way from becoming law.

All in all, the amendments are all very solid. The biggest change, obviously, is presumption of equal parenting. This isn't that big of a leap in reality. The current Act already states that an order needs to take into consideration the "bests interests of the child" and best interests includes "maximum contact" with both parents. This amendment is actually a very small step further by stating that "equal contact" is in the best interests of all children (unless someone can show otherwise in a specific case).

Another overlooked change is in the language. "Access" is being replaced with "parenting time" and "custody" is being replaced with "parental responsibility".

All in all, these changes are modest, but would make current divorce laws considerably more equitable.

richardnorth · 2014-03-19T15:38:40+00:00

It is important to note that having primary custody of a child, strategically, is the ultimate piece in the game of Western law.

Having primary custody allows one to: -receive reduced jail sentences, or no jail sentences (think of the child!) -receive child support/alimony -gain access to any government programs related to children -gain access to the marital residence upon divorce -brainwash the child against the father

This is one of the main reasons why feminists are hell-bent on giving women primary custody- it's not for the sake of the child -it's to give women strategic power within our legal framework.

50/50 parenting threatens the above strategy. Feminists don't care about the children, they care about having legal power.

WhyWasntINotified · 2014-03-19T16:50:49+00:00

Actually, the first thing I noticed was the headline. "parenting rights"?

I've always been on the fence about whether it's a good idea to use that concept. It's been argued that "Parents don't have rights, they have responsibilities." And, I can see how you can get into "hot water" if you say this is about parenting rights.

Philosophically speaking I'm OK with saying parents have rights. However, in this context I'm wondering if it's strategic to frame it that way. What do you think?

waggytalk · 2014-03-20T13:27:41+00:00

GOOD!

I always beleived the courts would give custody to the parent who deserved it. lol yeah i was nieve.

I was divorced in 2011. I was/am the stay at home dad because of health issues. I was the one that changed the thousands of diapers, dealt with them when sick, takes them to practice etc.

My wife would work odd hours then get home and sleep all day then play on her computer. She also had a short tempter so it was ok for that.

in 2011 she had an affair and decided to beat the shit out of me (i got lucky. the first cop there wanted to arrest me. the 2nd a older man told him to stop and forget who is male/female and look at the facts. 20 minutes latter she was in handcuffs). i filled for divorce.

during the dirvorce she was caught in lie after lie by the judge and my lawyer. she tried to claim she worked 10 hours a day, did all the cleaning (she did none), and took care of the kids (she didn't).

Yet the judge still gave her custody. All i was asking for was 50-50. Nope the judge said it's best for them to be with mom.

Now i'm unemployed. I do get disability (lol $800 a month) and i have to pay her $200 a month child support.

Child support...the sole reason she went for custody. she didn't want to pay! After the decision the judge told her to figure out arrangements on time for me to see them. how it was up to her blew my mind..

soo..guess how much time i get with them? about 80%. i have them when she is at work (40-45 hours a week) every other weekend (though she cancels her weekends most times) etc. Yes i still pay child support.

We went back in a year latter. I asked to amend it since i have the kids all the time. Nope judge said it's working great now so we will keep it. bah

though. it worked otu well for me in the end. I'm married again to a nicer women who makes a ton of money and loves my kids. so HA!

orange1690 · 2014-03-20T14:08:09+00:00

I'm currently having to fight tooth and nail just get 50/50! Well actually to be fair. My ex wife has no problem letting me have 50/50 access. So long as I continue to pay full tabled child support for her as primary residence. The fact that I need a lawyer to force her to obey the law astounds me!

Title	After a divorce, equal parenting rights should be the norm - A look at the potential new Divorce Act in Canada
Author	jimmy982
Upvotes	89
Comments	14
Date	March 19, 2014 3:22 PM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/mensrights/comments/20tf7p/after-a-divorce-equal-parenting-rights-should-be-/
Archive Link	https://theredarchive.com/r/MensRights/after-a-divorce-equal-parenting-rights-should-be.1615535 https://theredarchive.com/post/1615535

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