The Divorce Act Changes Explained
Best interests of the child
Fear for safety
(Section 16(4)(f), Divorce Act)
(f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person;
None.
What is the change
The court must consider whether family violence causes the child or another family member to fear for their safety or for the safety of another person.
Reason for the change
In cases of intimate partner violence, a person’s fear of the abuser is a reliable indicator of whether violence will reoccur. However, as noted in the description of s 16(4)(e), a person’s lack of fear does not reliably predict that violence will not reoccur.
Some children exposed to intimate partner violence are also direct victims of child abuse. This overlap makes the fear on the part of the intimate partner also relevant to the court’s consideration of the safety of the child.
In some cases, the child may still fear an abuser even though there is no risk of future violence. The child’s fear is relevant to a court’s assessment of the child’s best interests. In such a case, a court may, for example, order supervised parenting time until the child’s fear passes.
When
March 1, 2021.
- Date modified: