April 12, 2010
Proposed legislation sets out criteria in custody and access cases, enhance and refine protections for victims of domestic violence and ensure better access to justice, Attorney General Andrew Swan said today after introducing the legislation.
The protection from domestic violence and best interests of children act would amend three pieces of existing legislation.
“A key proposed change would give guidance to the courts on factors to consider in assessing the best interests of a child in custody matters, highlighting the impacts of domestic violence,” said Swan. “Best interests criteria can help parents stay focused on the needs of their children during difficult times.”
Under the proposed amendments, the Family Maintenance Act would be changed to establish best interests criteria to be applied by courts in determining child custody and access applications. The change would require the courts to consider specific criteria in deciding on the best interests of the child and provide greater protection for children by requiring judges to consider such matters as the impact of any domestic violence on the child. Parenting organizations, community groups, the Family Law Section of the Manitoba Bar Association and other stakeholders were consulted about what the criteria should include.
Proposed amendments to the Family Maintenance Act and the Child Custody Enforcement Act would also require the courts to assess risks related to domestic violence and stalking when considering granting an order to disclose a person’s address information. When someone seeks a court order for disclosure of personal address information, they would have to notify the person or government body from whom they want to get the information that an order is being sought.
The amendments also propose clarifying the Domestic Violence and Stalking Act to ensure appropriate protection for victims when they have to appear in the same courtroom as the perpetrator.
Judicial justices of the peace would be able to add a court attendance exception in protection orders, making it possible for parties who need to appear for court and court-ordered processes such as mediation or child-custody assessments to do so without automatically breaching such an order.
“Court processes and procedures are very much about trying to find the right balance and it’s a particularly delicate balance when it comes to matters involving domestic violence,” said Swan.
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