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Feb. 4, 2019-Myths v. Facts #6

6. Myth: Equal parenting supports the rights of child or spousal abusers or parents with addictions or other parenting impairments.


I. The rebuttable presumption of equal parenting does not overcome the other considerations in the legislation and where material abuse or material parenting impairments relevant to future child care have been substantiated, the presumption will be rebutted.

II. The current maximum contact principle exists harmoniously with the provisions of the statute and jurisprudence which address these concerns. There is no reason why a rebuttable presumption of equal shared parenting cannot live harmoniously with additional provisions meant to address these concerns.

III. The current system is about “parental rights” – the right to litigate to have yourself declared the primary parent. A rebuttable presumption of equal shared parenting constrains litigation and is therefore child-focused and about children’s rights to a primary relationship with both parents and children’s rights to not have one parent marginalized from their lives.

Submission to the House of Commons Standing Committee on Justice and Human Rights on Bill C-78 by the Canadian Association for Equality and Brian Ludmer, B.Comm, LLB. – Myths and Facts Concerning a Rebuttable Presumption of Equal Shared Parenting, 27 November 2018

Click to see previous Equal Shared Parenting Thoughts of the Day
Photo of attorneys Kulbir K. Rahal Vaid, Kimberley Pitre, Gene C. Colman, Gloria Antwi and Jennifer Kirshen

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