March 12, 2019
Manitoba Modernizes Family Law to Improve Services and Outcomes for Families
The Manitoba government is introducing groundbreaking, first-in-Canada legislation that would modernize the province’s family law system to improve outcomes for families and children, Justice Minister Cliff Cullen announced today.
“Our government is committed to making a difference in the lives of Manitobans by modernizing our family law system to make it less complex, less adversarial, and less damaging for families and children,” said Cullen. “To move forward with this strategy, we are introducing enabling legislation and strengthening the services available to Manitobans. 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.”
Manitoba’s modernization of family law will focus on improving access to justice, ensuring timeliness and service excellence, creating value for money for Manitobans, and lessening the social cost of conflict caused by divorce and separation. To help achieve this, the Manitoba government has introduced the family law modernization act, which would:
• simplify child support processes so that thousands of matters can be addressed outside of court, beginning this fall;
• expand the administrative authority of the Maintenance Enforcement Program so parents can make support arrangements outside of court;
• ensure that family arbitration awards made for Manitobans are enforceable, beginning this fall; and
• create a three-year pilot to test a new family dispute resolution model, which includes the creation of a new Family Dispute Resolution Service to more effectively deal with matters outside of court, to be launched in early 2020.
The Manitoba government has partnered with North Forge Technology Exchange to work on this key initiative to ensure Manitobans’ feedback shapes the design of programs and services going forward.
The province’s commitment to modernizing family law was set out in Manitoba’s 2018 budget, where the government committed to creating a more affordable, less adversarial family law system. The 2018 throne speech committed to introduce legislation and outlined the enhanced services that will be developed.
The legislative framework and overall approach are based on the findings of the Modernizing Our Family Law System report, released in June 2018, and consultations with stakeholders and citizens over the past year.
It is estimated that 3,000 to 5,000 families are affected by separation or divorce every year and in Manitoba, most currently rely on the court system to resolve child custody, support and property matters. The system is complex, and families often must choose between professional services, which can be expensive, or self-representation if they do not qualify for legal aid.
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