The Divorce Act Changes Explained
Best interests of the child
Child's experience of family violence
(Section 16(4)(c), Divorce Act)
(c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;
None.
What is the change
The court must consider whether the family violence was directed at the child or whether the child was exposed to family violence.
Reason for the change
Children who are exposed to family violence often suffer emotional, social, cognitive and behavioural problems. The stress and anxiety associated with exposure to family violence can negatively affect the development of a child’s brain, with life-long impacts. Exposure to intimate partner violence can have intergenerational and gendered consequences: for instance, boys who witness intimate partner violence are more likely to be violent against their partners as adults, and girls who witness intimate partner violence are more likely to be abused by their partners as adults.
When family violence is directed toward a child, the abuser is more likely to be a perpetrator of coercive and controlling violence, which substantially increases the risk of ongoing victimization after divorce.
When
March 1, 2021.
- Date modified: