The province wants to make it easier on Manitobans going through divorces and separations.
Justice Minister Cliff Cullen introduced a bill modernizing family law Tuesday, calling the legislation the first of its kind in Canada.
The Family Law Modernization Act includes changes that will make it possible to resolve issues like child custody, support and property matters without going to court.
“Modernization of the family law system will be phased in over the next two years with Manitobans acting as essential partners in designing the tools and services they need,” Minister Cullen said in a statement.
A three-year pilot project beginning in 2020 would also allow couples to try to resolve disputes through a variety of means to avoid going before a judge.
The project involves two phases — the first using a resolution officer to help parties come to a mutually satisfactory agreement. If a dispute is unable to be resolved in the first phase, it heads to a hearing with an adjudicator, who makes a recommended order which is deemed as confirmed as a court order if neither party objects.
The pilot project would cover cases involving custody and access to children, support for children, spouses and common-law partners and matters related to property.
But for cases where a court order is needed in an immediate time frame or where an existing order prevents the two parties from speaking with one another, the matter would head to court as it does now.
The Child Support Service receives more authority under the Act, gaining the ability to make child support decisions for families without a court application.
Awards including child support will also become enforceable in the same manner as court orders.
The initiatives are meant to save Manitobans time and money, as they won’t need to hire a lawyer for many family-related cases.
The province states between 3,000 and 5,000 families in Manitoba are impacted by separation or divorce each year, with the majority currently using the court system to resolve child support, custody and property-related matters.
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