The Liberal government recently proposed changes to federal divorce laws which aim to address the child's best interest and diminish the adversarial approach to separation.

Loren Braul of Gilmour and Braul Law Office in Altona and Winkler. Photo used with permission from Gilmour and Braul Law Office.Bill C-78 was tabled last week in the House of Commons.

One of the major recommendations includes a shift to neutral terminology. This means abandoning words like "custody" and "access" and replacing them with "parenting orders" and "parenting time."

Loren Braul, a lawyer at Gilmour and Braul Law Office, says the proposed changes are a step in a positive direction.

"If I'm trying to take something, like trying to gain custody, it implies an adversarial relationship which doesn't need to be there. The objective of a parenting arrangement following separation is always to focus on what's in the best interest of the child or the children," he said.

The bill also addresses the issue of relocation. There are principles in the case law that determine how and when relocation is appropriate, but now those principles have been inserted directly into the Divorce Act.

"It gives people a roadmap," Braul said.

Parents will be required to give proper notification before moving locations. In part, this is meant to sustain the child's linguistic, cultural, and spiritual heritage.

Another proposed requirement is that lawyers will be obligated to encourage their clients to pursue family mediation before petitioning for divorce. Right now lawyers, before filing a petition for divorce, must consult with their client about the possibility of reconciliation with their spouse. But this new requirement will ensure that the potential for dispute resolution has been discussed before the divorce process continues.

"Hopefully that will encourage some people to take that option more seriously," Braul said. "When it comes to determining your parenting time there are so many factors in there that standing up in court and asking a judge to make an order is not a very useful forum to do that; a conversation ... with someone who is helping you facilitate that communication is certainly much more valuable and much more constructive and productive and cheaper, and hopefully will allow for a more wholesome parenting plan."

In making these changes, Federal Justice Minister Jody Wilson-Raybould hopes to reduce the chance of poverty.

"Divorce is expensive and contributes to the poverty that plagues too many Canadians. Other proposed amendments in the bill would help reduce divorce-related costs," the minister said during a news conference.

The government plans to crack down on child support payments by providing accurate income figures and other important financial information to determine fair amounts.

"A number of measures in Bill C-78 would streamline divorce and separation processes which will help make family justice more accessible and affordable to Canadians," she said.