The Divorce Act Changes Explained
Best interests of the child
Pattern of coercive and controlling behaviour
(Section 16(4)(b), Divorce Act)
(b) whether there is a pattern of coercive and controlling behaviour in relation to a family member;
None.
What is the change
The court must consider whether the family violence is coercive and controlling.
Reason for the change
Coercive and controlling family violence involves a cumulative pattern of behaviour aimed at controlling or dominating another person through a variety of means. Along with physical violence, the controlling partner might resort to emotional, psychological, sexual, financial or other forms of abuse, such as choosing a partner’s clothing, controlling their money, or preventing them from working or seeing friends.
A controlling partner often tries to use the children to control their former spouse. For example, a controlling partner might refuse to comply with parenting orders, or threaten their former spouse with the loss of parenting time. This type of behaviour is particularly relevant when determining the best interests of the child.
Those who commit coercive and controlling family violence are more likely than those who commit situational couple violence to continue the family violence in the future. Perpetrators of coercive and controlling violence are less capable of separating their role as a spouse from their role as a parent, and therefore are more likely to abuse their children after divorce.
When
March 1, 2021.
- Date modified: