Laurie Pawlitza, a partner in the family law group at Toronto firm Torkin Manes LLP, characterizes C-78 as a successful catch-up effort by the federal government.
For example, the ADR-inspired language and definitions in C-78 are borrowed from similar provisions in B.C.'s Family Law Act, while the much-vaunted replacement of terms such as "custody" and "access" by more child-focused alternatives such as "parenting orders" and "parenting time" occurred first in Alberta more than a decade ago.
"It's been a very long time since I've seen a separation agreement that used the words custody or access," Pawlitza says. "Kudos to them for largely reflecting what's already happening in the family law bar."
This article was originally published in Canadian Lawyer. To read the full article, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.