Ottawa Must Consider Women's Equality in Divorce Act Changes

STATUS OF WOMEN--Ottawa Must Consider Women's Equality in Divorce Act Changes

Women's equality and women's and children's needs must be at the centre of legislative changes to the federal Divorce Act. Speaking after its weekend meeting, the Nova Scotia Advisory Council on the Status of Women is calling on justice ministers to address concerns about proposed changes.

"We believe that proposed changes to the Divorce Act will inevitably affect the status of Nova Scotian women and their children," said Advisory Council Chair Rita Warner. "We also believe that proposed changes to this legislation must take into consideration the reality of women's lived experience within their families and the goal of women's equality."

Ms. Warner said that women's experiences in their families include widespread incidence of male violence against women.

Researchers at the Muriel McQueen Fergusson Centre for Family Violence Research in New Brunswick found that between 40 and 60 per cent of separating partners disclosed abuse, overwhelmingly against women.

"Given the high rate of violence against women in cases of divorce and separation, it is critical to consider violence against women and the impact of child exposure to it as we look at legislative reform," explained Ms. Warner.

Ms. Warner strongly supports the move towards enhanced support services such as public education programs, improved counselling services for children, legal services and related support services for divorcing families.

"Still, we want to see the federal government put more money into making these services available to families who need them, in particular to mothers and children," said Ms. Warner. "We also want to see women's equality placed as a key objective which will be at the heart of any family law reform."

Gender is a key issue in this consultation process and in legislative reform.

"And gender was omitted from the consultation document which discussed parenting after separation or divorce in a social, economic, political, and legal vacuum where parents are without gender and are presumed to be equal, which is absolutely not the case," she said.

The Advisory Council has prepared two briefs on child custody and access reform, one in June 2001 and another in May 1998. These can be found on the Advisory Council Web site at: http://www.gov.ns.ca/staw/custodyjune01.htm and http://www.gov.ns.ca/staw/Custodyb.htm.