A groundswell of change is building in Ottawa, driven by harrowing stories and a fierce determination to protect the most vulnerable: children caught in the crossfire of divorce.
Liberal MP Lisa Hepfner is championing vital amendments to the Divorce Act, aiming to give children a voice in legal proceedings and directly address the insidious impact of coercive control and domestic violence.
Hepfner’s push for reform wasn’t born in a policy vacuum; it was ignited by the accounts of Suzanne Zaccour, director of legal affairs at the National Association of Women and the Law, who shared a litany of heartbreaking experiences.
These weren’t just stories of separation; they were tales of survivors punished for revealing abuse, labelled as “difficult” or “vindictive” simply for trying to shield their children from harm. The courtroom, for many, became an extension of the violence itself.
Coercive control, a pattern of domination through isolation, surveillance, and degradation, often continues *after* separation, subtly manipulating and undermining a parent’s ability to protect their child. This bill seeks to equip judges with the tools to recognize and respond to this hidden abuse.
Currently, courts sometimes order children to live with abusive parents, even with documented evidence of violence, perpetuating a cycle of fear and trauma. This legislation aims to shift the focus to safety and well-being, dismantling outdated and harmful assumptions.
The proposed changes would require lawyers to actively screen for family violence, ensuring that these critical issues are brought to the forefront from the outset of divorce proceedings.
Perhaps most powerfully, the bill seeks to allow children, in appropriate circumstances, to express their preferences directly to a judge, giving them a voice in decisions that profoundly impact their lives.
Ismena Toscan, a 15-year-old survivor, embodies the urgent need for this change. She bravely shared her story of years of sexual abuse, silenced by a system that prioritized claims of “parental alienation” over her safety.
Toscan explained the difficulty children face in articulating abuse, often lacking the language to describe their experiences until much later. Her courage is a testament to the power of speaking out and a plea for preventative action.
With support from across the political spectrum – including Green Party Leader Elizabeth May and NDP MP Leah Gazan – and the backing of nearly 300 organizations nationwide, this legislation is poised for a crucial vote.
Women’s Shelters Canada believes this bill carries “life-saving implications,” offering a beacon of hope for families fleeing violence and seeking a safe future. It’s a chance to finally ensure that the best interests of children truly guide family court decisions.
For countless children like Ismena, this isn’t just about legal reform; it’s about reclaiming their voices, ensuring their safety, and breaking the cycle of abuse that follows them even into the courtroom.
