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There is mounting support for a proposed bill in Quebec aimed at keeping children out of the custody of an abusive parent.
Dozens of organizations and experts have signed an open letter backing the initiative launched by Québec solidaire MNA Christine Labrie, saying the legislation would put the best interests of children at the centre of custody decisions.
The bill, recently tabled at the National Assembly, would amend the Civil Code to help keep children away from abusive parents.
Labrie says since entering politics in 2018, she has repeatedly heard stories of abusive parents gaining partial or even full custody of their children.
Under the proposed changes, the burden of proof would shift to an abusive parent to demonstrate they are fit to care for a child, rather than victims having to convince the court their abuser should be kept away.
Child protection experts, lawyers and women’s shelters are among about 60 individuals and groups who have signed the open letter supporting the initiative.
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The legislation would also introduce new protections for victims reporting abuse, who sometimes fear that speaking out could harm their custody claims.
Supporters say the bill would not automatically bar abusive parents from seeing their children, but argue more emphasis is needed on the needs of the child.
“The problem is that the (legal system) looks at domestic violence as a problem between two adults. And (it) takes children out of the portrait,” said André Lebon, former vice-president of the Special Youth Protection Commission.
“What we see is that in the last decades, there was a tradition to keep contact with both parents, and what the (evidence) says is that it’s not always in the interest of the child to do this,” Labrie said.
“The victim won’t have to prove that domestic violence has an impact on the child. There is always an impact of the child,” said youth protection lawyer Charlie Dudemaine.
Labrie hopes the bill will pass by the end of the National Assembly session in June, but will need the support of the CAQ majority.
The party is set to elect a new leader Sunday. Labrie says both leadership candidates have shown interest in child protection and she expects they will support the proposed legislation.
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