CANADA Trends and Developments Contributed by: Heather Hansen, Shannon Beddoe, Maureen Edwards and Victoria Lunetta, McCarthy Hansen & Company LLP
to parenting time arrangements. There is little dispute over the fact that, when considering parenting time arrangements, the only analysis applicable is that of the best interests of children in all cases. Indeed, both the Divorce Act and the cases decided since the 2021 Amendments make clear that a presumption of any kind would be in direct conflict with the court’s requirement to consider and only consider children’s best interests pursuant to Section 16. The adjustments to our understanding of the former maximum contact principle are emblem - atic of how the legislation and common law have been required to evolve in recent years. As the focus in the legislation has shifted towards chil - dren, so too have the courts reframed older prin - ciples, particularly those that had been applied inconsistently prior to 2021. The result has been to start to create healthier environments for chil - dren during family separations and divorce.
It is essential for family lawyers and the courts to embrace these developments in the law and in jurisprudence, and advocate for outcomes that prioritise children and help to foster a brighter future for families navigating the challenges of separation.
113 CHAMBERS.COM
Powered by FlippingBook