An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

This enactment amends the Divorce Act to, among other things, (a) replace terminology related to custody and access with terminology related to parenting; (b) establish a non-exhaustive list of criteria with respect to the best interests of the child; (c) create duties for parties and legal advisers to encourage the use of family dispute resolution processes; (d) introduce measures to assist the courts in addressing family violence; (e) establish a framework for the relocation of a child; and (f) simplify certain processes, including those related to family support obligations. The enactment also amends the Family Orders and Agreements Enforcement Assistance Act to, among other things, (a) allow the release of information to help obtain and vary a support provision; (b) expand the release of information to other provincial family justice government entities; (c) permit the garnishment of federal moneys to recover certain expenses related to family law; and (d) extend the binding period of a garnishee summons. The enactment also amends those two Acts to implement (a) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, concluded at The Hague on October 19, 1996; and (b) the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. The enactment also amends the Garnishment, Attachment and Pension Diversion Act to, among other things, (a) give priority to family support obligations; and (b) simplify the processes under the Act. Finally, this enactment also includes transitional provisions and makes consequential amendments to the Criminal Code.