WHEREAS family law problems are easier to resolve when emotionally charged words like “custody” are avoided;
WHEREAS changing language and legislation dealing with parenting will gradually change the attitudes of people dealing with these problems;
WHEREAS language that focuses on parental responsibilities and the best interests of the child will create a better environment within which to solve family problems;
WHEREAS families are increasingly mobile within Canadian society;
BE IT RESOLVED THAT the Canadian Bar Association urge the federal, provincial and territorial governments to:
1. review the family legislation in their respective jurisdictions to ensure that children in Canada are subject to similar legislation following separation of their parents; and
2. adopt child centred provisions to ensure that the child’s best interests are put first when courts decide how to apportion parenting time and the sharing of parental responsibilities in all circumstances where a child’s parents do not share the same home.
Certified true copy of a resolution carried by the Council of the Canadian Bar Association at the Annual Meeting held in Montreal, QC August 16-17, 2003.
John D.V. Hoyles
Executive Director/Directeur exécutif